Dismissed

Radhakrishnan A.K. v. Chief Registrar of Birth and Death

Kerala HC3 Jul 2012WP(C)/3200/2012

Case brief

AI extract

What is this about?

This single judge writ petition challenged an order of the third respondent rejecting the petitioner's application to correct his son's date of birth in the register. The court held the order was arbitrary for lacking reasons and set it aside.

What did the court decide?

Ext.P8 order set aside and third respondent directed to pass orders on the application for correction of date of birth.

Radhakrishnan A.K. Vs Chief Registrar… — Constitutional and Fundamental Rights | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE ANTONY DOMINIC

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TUESDAY, THE 3RD DAY OF JULY 2012/12TH ASHADHA 1934

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WP(C).No. 3200 of 2012 (Y)

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PETITIONER:

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RADHAKRISHNAN A.K., AGED 55 YEARS S/O.K.K.KURUP, HARISREE HOUSE, MEMURINGODI P.O MURINGODI DESOM, MANATHANA AMSOM, PERAVOOR KANNUR DISTRICT. PIN 670 673.

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BY ADVS.SRI.G. BENO

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SMT.S. CHYTHANYA

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RESPONDENTS:

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1. CHIEF REGISTRAR ( BIRTH AND DEATH) DIRECTORATE OF PANCHAYATH THIRUVANANTHAPURAM- 695 001.

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2. THE DISTRICT REGISTRAR (BIRTH AND DEATH) OFFICE OF THE PANCHAYATH DEPUTY DIRECTOR CIVIL STATION, KANNUR DISTRICT. 670 001.

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3. THE SECRETARY / REGISTRAR, PERAVOOR GRAMA PANCHAYATH, PERAVOOR P.O KANNUR DISTRICT. 670 673.

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R1 & R2 BY GOVERNMENT PLEADER,SRI. M.MOHAMMED SHAFI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3200 of 2012 (Y)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1. TRUE COPY OF THE BIRTH CERTIFICATE.

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EXHIBIT P2. TRUE COPY OF THE SSL CERTIFICATE OF 2005.

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EXHIBIT P3. TRUE COPY OF THE INDIAN PASSPORT.

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EXHIBIT P4. TRUE COPY OF THE ELECTION COMMISSION ID CARD.

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EXHIBIT P5. TRUE COPY OF THE RATION CARD.

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EXHIBIT P6. TRUE COPY OF THE INDIAN DRIVING LICENSE

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EXHIBIT P7. TRUE COPY OF THE NON RESIDENCE KERALITE I.D CARD.

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EXHIBIT P8. TRUE COPY OF THE LETTER A4-522/12 DATED 24.01.2012 OF THE 3RD RESPONDENT.

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EXHIBIT P9. TRUE COPY OF THE REPRESENTATION DATED 03.02.2012.

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RESPONDENT'S EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

ANTONY DOMINIC,J

W.P.(C)No.3200 of 2012

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Dated this the 3^rd day of July, 2012

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JUDGMENT

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Although notice was issued to the third respondent by order dated 08.02.2012 and has been served, there is no appearance or representation on his behalf.

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This writ petition has been filed challenging Ext.P8 order. This order was issued by the third respondent, rejecting an application made by the petitioner for correcting the date of birth of his son. According to the petitioner, the correct date of birth of his son is 30.05.1987, which has been wrongly entered by the third respondent in the register was 25.6.1986. Petitioner had produced documents also substantiating his request for correction. However, stating that the correction sought is impermissible on the basis of the Government orders, the application has been rejected.

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The order does not contain any reason why the request is impermissible and what are the contents of the Government order relied on. Therefore, this order is one

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W.P.(C).No.3200/2012

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: 2 :

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without any reason and for that reason itself has to be set aside. Hence, I set aside Ext.P8 and direct the third respondent to pass orders on the application made by the petitioner for correction of his son's date of birth.

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Writ petition is disposed of as above.

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ANTONY DOMINIC, JUDGE

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Radhakrishnan A.K. v. Chief Registrar of Birth and Death

Case brief

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What did the court decide?

Radhakrishnan A.K. v. Chief Registrar of Birth and Death

Case brief

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What the court decided

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