Dismissed

Cyriac George v. State of Kerala

Kerala HC5 Apr 2018WP(C)/8970/2018

Case brief

AI extract

What is this about?

The High Court directed the Fourth Respondent to correct the birth register and issue a corrected birth certificate for the petitioner's son, changing the date from 29.9.1975 to 30.9.1975 based on hospital records.

What did the court decide?

Direction to the Fourth Respondent to correct the birth register entry and issue a corrected birth certificate showing the date of birth as 30.9.1975.

Cyriac George Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2018)

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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.MUHAMED MUSTAQUE

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THURSDAY, THE 5TH DAY OF APRIL 2018 / 15TH CHAITHRA, 1940

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WP(C).No. 8970 of 2018

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PETITIONERS :

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1 CYRIAC GEORGE, S/O.P.K VARKEY, AGED 70, PALAMTHATTEL HOUSE, MALLOOSSERY KARA, PERUMBAYIKADU VILLAGE, KOTTAYAM - 686 017.

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2 ANCY CYRIAC, W/O. CYRIAC GEORGE, AGED 70,PALAMTHATTEL HOUSE, MALLOOSSERY KARA, PERUMBAYIKADU VILLAGE, KOTTAYAM-686 017.

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BY ADVS.SRI.R.S.KALKURA SRI.M.S.KALESH SRI.HARISH GOPINATH SMT.R.BINDU SMT.NEENU PAVITHRAN SRI.R.HARIKRISHNAN (KAMBISSERIL)

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RESPONDENTS:

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1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL ADMINISTRATION, GOVERNMENT OF KERALA, SECRETARIAT,THIRUVANANTHAPURAM-695 001.

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2. THE ALAPPUZHA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPALITY WARD, ALAPPUZHA-688 001.

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3. THE SECRETARY, ALAPPUZHA MUNICIPALITY, MUNICIPALITY WARD, ALAPPUZHA-688 001.

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4. THE REGISTRAR, BIRTHS AND DEATHS, ALAPPUZHA MUNICIPALITY, MUNICIPALITY WARD, ALAPPUZHA-688 001.

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WP(C).No. 8970 of 2018

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5. SUPERINTENDENT, VANITHA SISU HOSPITAL, BEACH ROAD, ALAPPUZHA-688 012.

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6. SALIM SHAH, THE REGISTRAR, BIRTHS AND DEATHS ALAPPUZHA MUNICIPALITY, MUNICIPALITY WARD, ALAPPUZHA-688 001.

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R1 BY SR. GOVERNMENT PLEADER SRI.S.GOPINATHAN R2-R4 BY ADV. SRI.AZAD BABU, SC, ALAPPUZHA MUNICIPALITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 8970 of 2018 (U)

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE BIRTH CERTIFICATE OF GEORGE CINI CYRIAC ISSUED ON 13-10-2017 BY THE 4TH RESPONDENT
EXHIBIT P2	TRUE COPY OF THE LETTER DATED 12-2-2018 ISSUED BY THE FIFTH RESPONDENT
EXHIBIT P3	TRUE COPY OF THE LETTER DATED 14-2-2018 ADDRESSED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT ALONG WITH THE COPY OF THE CORRECTED NOMINAL REGISTER OF OUTPATIENTS MAINTAINED AT THE HOSPITAL
EXHIBIT P4	TRUE COPY OF THE APPLICATION DATED 14-2-2018 SUBMITTED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT FOR CORRECTION OF DATE OF BIRTH OF THE PETITIONERS' SON TO 30-09-1975 ALONG WITH OTHER DISCREPANCIES
EXHIBIT P5	TRUE COPY OF THE RELEVANT PAGE OF THE S.S.L.C BOOK SHOWING THE NAME OF THE PARENTS OF GEORGE CINI CYRIAC AND THE DATE OF BIRTH RECORDED THEREIN
EXHIBIT P6	TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT OF GEORGE CINI CYRIAC
EXHIBIT P7	TRUE COPY OF THE PETITION ALONG WITH DOCUMENTS AND VAKALATH SUBMITTED BY THE COUNSEL OF THE PETITIONERS
EXHIBIT P8	TRUE COPY OF THE CIRCULAR BEARING NO.B1-2815/2007 DATED 7-11-2007

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RESPONDENT(S)' EXHIBITS

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NIL

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TRUE COPY P.S. TO JUDGE

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9.4.2018

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A.MUHAMED MUSTAQUE, J. ========================= W.P.(C).No.8970/2018

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=========================

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Dated this the 5^th day of April, 2018

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J U D G M E N T

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The petitioners are husband and wife. In the wedlock, a child was born on 30.9.1975 at 2.40 a.m. at Government Alappuzha Vanitha Sisu Hospital, Alappuzha. The petitioners' said son, George Cini Cyriac is now stated to be employed at U.S.A. In the hospital records, the date of birth of their son was wrongly shown as 29.9.1975. In the birth register also the same mistake was carried over. Now, the hospital authorities have corrected their records showing the date of birth of the petitioners' son as 30.9.1975 which is evident from Ext.P7.

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In the light of the above, the fourth respondent is directed to correct the register of birth showing the date of birth of the petitioners' son as 30.9.1975 and a corrected birth certificate shall also be issued. Needful shall be done within two weeks.

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The writ petition is disposed of as above. No costs.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE

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Cyriac George v. State of Kerala

Case brief

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Cyriac George v. State of Kerala

Case brief

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