The petitioner sought correction of her date of birth in a birth certificate from 1971 to 1972 based on school records. The Court held that under the relevant Act and precedent, correcting the date to an anterior one is prohibited when registration is established by the date information was received.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 14TH DAY OF JUNE 2017/24TH JYAISHTA, 1939
WP(C).No. 1340 of 2017 (P)
PETITIONER:
W/O.SARANGAN, AGED 44 YEARS, NO.6 VENKATARAMAN STREET, LAKSHMIPURAM, CHRAMEPET, CHENNAI, TAMILNADU, REPRESENTED THROUGH HER BROTHER AND POWER OF ATTORNEY HOLDER JOSE, S/O.PHILIP,
AGED 55 YEARS, RESIDING AT THONAKKARA HOUSE, KAMAKSHYKARA, THANKAMANY VILLAGE, IDUKKI TALUK, IDUKKI DISTRICT
BY ADV. SRI.A.SHAFEEK (KAYAMKULAM)
RESPONDENT:
THE REGISTRAR OF BIRTH AND DEATH AND SECRETARY KAMAKSHY GRAMA PANCHAYAT, THANKAMANY P.O., KAMSHY, IDUKKI-685589.
BY ADV. SRI.K.M.KURIAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sdr/-
WP(C).No. 1340 of 2017 (P)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE ISSUED BY THE GOVERNMENT OF KERALA EXHIBIT P2 TRUE COPY OF THE PASSPORT ISSUED BY THE GOVERNMENT OF INDIA EXHIBIT P2 (A) TRUE COPY OF THE VISA ISSUED BY USA TO THE PETITIONER EXHIBIT P3 TRUE COPY OF THE BIRTH CERTIFICATE OBTAINED ONLINE EXHIBIT P4 TRUE COPY OF THE REPLY SENT BY THE RESPONDENT EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 31.8.2016 SUBMITTED BY THE BROTHER OF THE PETITIONER EXHIBIT P6 TRUE COPY OF THE REPLY DATED 3/9/2016.
RESPONDENT(S)' EXHIBITS
EXHIBIT R1 TRUE COPY OF RELEVANT PAGES OF BIRTHS REGISTER.
/TRUE COPY/
PA TO JUDGE
sdr/-
K.VINOD CHANDRAN, J.
W.P.(C)No.1340 of 2017
Dated this the 14th day of June, 2017
JUDGMENT
The petitioner is aggrieved with the date of birth in the birth certificate issued by the Local Authority as evident from Ext.P3. The date of birth in the Register maintained by the
Registrar of Birth and Death at the Panchayat shows the petitioner having been born on 15.4.1971 and the date of registration as 20.4.1971. The petitioner now wants the date of birth to be corrected to 15.4.1972 which is in accordance with the SSLC book and other documents held by the petitioner.
W.P.(C)No.1340/2017
..2..
Registrar of Birth and Death Municipal Office, Guruvayur
(2016(4) KHC 638) there can be no pushing of date of birth
to an anterior date.
In such circumstances, the writ petition would stand
dismissed. However the petitioner would have other remedies
as provided in the Act.
Sd/- K.VINOD CHANDRAN, JUDGE
skj
1 issue framed by the court
Whether the date of birth in the birth certificate issued by the Local Authority can be corrected to an anterior date when the Register maintained by the Registrar shows a later date.
Colour shows how this judgement treated each authority
Abdul Rahiman v. Registrar of Birth and Death Municipal Office, GuruvayurApplied¶30
(2016(4) KHC 638)
1 provisions across 1 enactments
PETITIONER REPRESENTED BY JOSE
REGISTRAR OF BIRTH AND DEATH, Kamakshy Grama Panchayat, Thankamany
K.VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
