Allowed

Jackson Anto v. the Registrar of Births and Deaths

Kerala HC23 Jun 2009WP(C)/13537/2009

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a writ petition for rectification of the birth register, directing the Corporation of Thrissur to correct the petitioner's name from 'Jackson C.A.' to 'Jackson Anto', contingent on the petitioner paying a fee of Rs. 1,500.

What did the court decide?

Quashing of impugned order and directive to rectify birth register name to Jackson Anto, provided petitioner pays Rs. 1,500.

Jackson Anto Vs the Registrar of Births and Deaths — Writ and Judicial Review | Kerala HC (2009)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN

¶4

TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931

¶5

WP(C).No. 13537 of 2009(J)

¶6

-----------------------------------------

¶7

PETITIONER(S):

¶8

------------------------

¶9

JACKSON ANTO, AGED 22 YEARS, S/O.ANTO, CHEERAKUZHI HOUSE, ARANATTUKARA, OLARI P.O., THRISSUR.

¶10

BY ADVS. MR.T.C.SURESH MENON, MR.P.S.APPU, MR.A.R.NIMOD, MR.C.A.ANOOP.

¶11

RESPONDENT(S):

¶12

---------------------------

¶13

1. THE REGISTRAR OF BIRTHS AND DEATHS, CORPORATION OF THRISSUR, THRISSUR.

¶14

2. THRISSUR CORPORATION, REPRESENTED BY ITS SECRETARY, THRISSUR.

¶15

R1 & R2 BY ADVS. MR.K.B.MOHANDAS,SC,THRISSUR CORPORATION, MR.LELLULAL T.G.THUNDATHIL.

¶16

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

Kss

¶18

WPC.NO.13537/2009 J

¶19

APPENDIX

¶20

PETITIONER'S EXHIBITS:

¶21

P1: COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE PETITIONER.

¶22

P2: COPY OF THE PASSPORT OF THE PETITIONER.

¶23

P3: COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER.

¶24

P4: COPY OF THE APPLICATION DTD. 27/01/2009 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

¶25

P5: COPY OF THE ORDER FROM 1ST RESPONDENT DTD. 7/03/2009.

¶26

P6: COPY OF THE CIRCULAR B1/2815/2007 DTD. 20/03/2007.

¶27

RESPONDENT'S EXHIBITS:

¶28

R1: COPY OF THE RELEVANT PAGE OF THE BIRTH REGISTER MAINTAINED IN THE AYYANTHOLE ZONAL OFFICE OF THE CORPORATION.

¶29

R1(A): COPY OF THE GOVERNMENT CIRCULAR NO.B1-2815/07 DTD.20/03/07 OF THE PANCHAYATH DIRECTORATE.

/TRUE COPY/

P.A.TO JUDGE

Kss

THOTTATHIL B.RADHAKRISHNAN, J.

¶34

W.P(C).No.13537 OF 2009

¶35

¶36

Dated this the 23^rd day of June, 2009

¶37

JUDGMENT

¶38

1.The petitioner is the son of Anto, Cheerakuzhi house. His name was reported to the Registrar of Births and Deaths as Jackson C.A. Going by that, it can be easily understood that the intention was to indicate Jackson as the son of Cheerakuzhi Anto. With the passage of time, from his school records to his passport, the petitioner is named as Jackson Anto. That is not a change that creates any doubt as regards the identity of the person. Therefore, it may be appropriate that in such cases also, the applications for rectification of the register of Births and Deaths is allowed.

¶39

2.But, what also needs to be looked into is the fact that the municipal authorities and panchayat authorities, which are neither income generating institutions nor profit motivated establishments, have essentially to spend for these type of litigations and also for processing such applications where the

¶40

WPC.13537/09

¶41

Page numbers

¶42

entry in the register cannot be attributed to any unilateral act of the Registrar or the officer exercising the powers of the Registrar. Under such circumstances, I deem it appropriate that in such cases, the parties bear at least a portion of expenditure for the process.

¶43

In the result, this writ petition is allowed quashing the impugned order and directing the first respondent to rectify the name of the petitioner in the register of Births and Deaths as Jackson Anto instead of Jackson C.A., provided the petitioner pays the Corporation of Thrissur an amount of Rs.1,500/-. The writ petition is ordered accordingly.

¶44

Sd/-

¶45

THOTTATHIL B.RADHAKRISHNAN, Judge.

¶46

kkb.24/6.

Jackson Anto v. the Registrar of Births and Deaths

Case brief

What is this about?

What did the court decide?

Jackson Anto v. the Registrar of Births and Deaths

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mohammed Kunhi Vs Meencha Grama Panchayath Rep;by Sec.

Augustine Vs Kadamakkudy Grama Panchayath

B. Balachandran Nair Vs K.S.R.T.C

P.C. Thomas Vs Secy, Block Panchayath & Anr.

Santhosh Michael M. Vs the Registrar of Births & Deaths

K.Gopalan Vs K.S.R.T.C.