Allowed

Febin Johns v. the Regisrar of Birth and Deaths

Kerala HC17 Aug 2015WP(C)/1542/2015

Case brief

AI extract

What is this about?

This writ petition challenged the respondent panchayath's refusal to correct the petitioner's date of birth in the birth register. The court found insufficient evidence for the original date and directed the respondent to correct it to 29.10.1987 and issue a new certificate.

What did the court decide?

Quashing of Ext.P8 and direction to the respondent to correct the date of birth to 29.10.1987 in the birth register and issue a corrected certificate within two weeks.

Febin Johns Vs the Regisrar of Birth and Deaths — Pension and Retirement Benefits | Kerala HC (2015)

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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 A.V.RAMAKRISHNA PILLAI

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MONDAY, THE 17TH DAY OF AUGUST 2015/26TH SRAVANA, 1937

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WP(C).No. 1542 of 2015 (P)

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PETITIONER(S):

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FEBIN JOHNS, AGED 27 YEARS, S/O. LATE JOHNSON K.V., KINATTUKARA MURIYIL HOUSE, MANIMALA, ALAPPARA P.O., KOTTAYAM.

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BY ADVS.SRI.T.A.UNNIKRISHNAN SRI.K.S.PRAVEEN

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RESPONDENT(S):

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THE REGISRAR OF BIRTH AND DEATH, PERUVANTHANAM GRAMA PANCHAYAT, IDUKKI (SECRETARY PERUVANTHANAM GRAMA PANCHAYAT, IDUKKI), PIN - 685 532.

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BY ADVS. SRI.K.JAJU BABU (SR.)

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SMT.M.U.VIJAYALAKSHMI

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1542 of 2015 (P)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 - TRUE COPY OFTHE RELEVANT PAGES OF SECONDARY SCHOOL LEAVING CERTIFICATE.

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P2 - TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT.

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P3 - TRUE COPY OF THE ELECTION IDENTITY CARD.

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P4 - TRUE COPY FO THE DRIVING LICENCE.

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P5 - TRUE OCPY OF THE ENTRY IN THE HOSPITAL RECORDS.

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P6 - TRUE COPY OF THE BIRTH CERTIFICATE.

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P7 - TRUE COPY OF THE AFFIDAVIT DT. 24.7.14.

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P8 - TRUE COPY OF THE LETTER DT. 09.10.14 ISSUED BY RESPONDENT.

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P8(A) - TRUE ENGLISH TRANSLATON OF EXT. P8.

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RESPONDENT(S)' EXHIBITS

NIL.

/ TRUE COPY /

P.S. TO JUDGE

A.V. RAMAKRISHNA PILLAI, J.

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W.P.(C) No.1542 of 2015

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Dated this the 17^th day of August, 2015.

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JUDGMENT

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Aggrieved by the inaction on the part of the respondent panchayath in correcting the date of birth of the petitioner in the birth register.

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The petitioner alleges that he was born in the night of 28.10.1987, ie, at 12.05 a.m. on 29.10.1987. Therefore, in the school records, Election Identity Card, Driving licence, passport etc, the date of birth is shown as 29.10.1987. However, in the register maintained by the respondent panchayath, it is wrongly shown as 28.10.1987, which according to the petitioner was on account of the mistake committed by the authorities of the hospital where the petitioner was born.

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I have heard the learned counsel for the petitioner

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and the learned counsel for the respondent panchayath in the matter.

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W.P.(C) No.1542 of 2015

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-2-

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It appears from the records that the petitioner

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submitted an application for correction on 1.10.2014 and the request was rejected stating that the date of birth shown in the book of the hospital is 28.10.1987. The petitioner's father is no more. However, the petitioner's mother filed Ext.P7 affidavit on 24.7.2014, stating that he was born at 12.05 a.m. on 29.10.1987. Supporting documents are also produced by the petitioner ie; Ext.P1 which is the relevant pages of S.S.L.C book, Ext.P2 which is the relevant pages of passport, Ext.P3 which is the copy of the Election ID Card and Ext.P4 which is the copy of the driving licence.

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On a consideration of the entire materials now

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placed on record, this Court is of the definite view that the respondent panchayath ought to have corrected the date of birth of the petitioner in the light of the documents produced and also taking into account the affidavit submitted by the petitioner's mother.

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Therefore, the writ petition is disposed of quashing Ext.P8

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W.P.(C) No.1542 of 2015

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-3-

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and directing the respondent panchayath to correct the date of birth of the petitioner as '29.10.1987' in the birth register maintained by the respondent panchayath and to issue a corrected birth certificate within a period of two weeks from the date of receipt of a copy of this judgment.

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Sd/A.V. RAMAKRISHNA PILLAI

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JUDGE

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Scl.

Febin Johns v. the Regisrar of Birth and Deaths

Case brief

What is this about?

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Febin Johns v. the Regisrar of Birth and Deaths

Case brief

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