Disposed

Lidiya Thomas, v. the Regional Officer

Kerala HC4 Jun 2019WP(C)/10974/2019

Case brief

AI extract

What is this about?

Petitioner approached High Court for direction to school and statutory authority to forward her surname correction application to the Births and Deaths Registrar following precedent regarding correction of errors in birth certificates.

What did the court decide?

Direction to 2nd respondent to forward Ext.P6 application to 3rd respondent within two weeks for consideration and finality within six weeks.

Lidiya Thomas, Vs the Regional Officer — Service and Employment | Kerala HC (2019)

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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 SHAJI P.CHALY

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TUESDAY, THE 04TH DAY OF JUNE 2019 / 14TH JYAISHTA, 1941

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WP(C).No. 10974 of 2019

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PETITIONER/S:

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LIDIYA THOMAS,

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D/O. P.P. THOMAS, AGED 18 YEARS, RESIDING AT PEDIYIL HOUSE, OTHERA WEST P.O, THIRUVALLA, PATTANAMTHITTA -689 551.

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BY ADVS. SRI.S.CHANDRASEKHARAN NAIR SRI.S.JAYANT

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RESPONDENT/S:

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1 THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, PLOT NO. 1630A, J-BLOCK, ANNA NAGAR, WEST, CHENNAI-600040.

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2 THE PRINCIPAL, BELIEVERS CHURCH RESIDENTIAL SCHOOL, KUTTAMPUZHA, THIRUVALLA-689 103.

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**3 ADDL. R3. REGIONAL OFFICER, CBSE REGIONAL OFFICE, BLOCK B, 2ND FLOOR, LIC DIVISIONAL OFFICE, CAMPUS, PATTOM, THIRUVANANTHAPURAM KERALA, PIN 695004

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*ADDL.R3 IS IMPLEADED AS PER ORDER DATED 04.06.2019 IN I.A. NO.1/2019.

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R1 & ADDL.R3 BY SRI.NIRMAL S, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 10974 of 2019 2

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JUDGMENT

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Petitioner has completed her 10^th and 12^th standards

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from the 2^nd respondent school. Petitioner's name was entered in the school register as “Lidiya” without mentioning her surname. When the petitioner attempted to obtain passport and other documents, it has become necessary for the petitioner to show her surname in the school register and other connected documents. Therefore, petitioner included the surname in the Birth Certificate by incorporating such changes and now the name of the petitioner in the Birth Certificate is “Lidiya Thomas”. Though, petitioner has submitted Ext.P6 application to the 2^nd respondent school, the same is not yet forwarded to the 3^rd respondent who is the statutory authority to consider the application for change of the name. It is thus seeking appropriate directions, this writ petition is filed.

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Having heard learned counsel for the petitioner and learned Standing Counsel for the respondents 1 and 3, there will be a direction to the 2^nd respondent to forward Ext.P6 application to the 3^rd respondent within two weeks from the date of receipt of a copy of this judgment and on receipt, the application shall be considered by the 3^rd respondent in accordance with law and attain finality

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WP(C).No. 10974 of 2019 3

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within six weeks thereafter, taking into account, the Birth Certificate produced by the petitioner along with the application.

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This I say because, the subject matter was

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considered by a Division Bench of this court in Subin Mohammed V/s Union of India (2016(1)KLT 340) and held that correction is possible, taking into account, the entries made in the Birth Certificate.

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The writ petition is disposed of accordingly.

Sd/-

SHAJI P.CHALY

JUDGE

uu 04.06.2019

WP(C).No. 10974 of 2019 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT	P1 TRUE COPY OF BIRTH CERTIFICATE ISSUED BY THE REGISTRAR OF JAMNAGAR MUNICIPAL CORPORATION TO THE PETITIONER DATED 15.11.2000
EXHIBIT	P2 TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE JAMNAGAR MUNICIPAL CORPORATION, GOVERNMENT OF GUJARAT.
EXHIBIT	P3 TRUE COPY OF THE CERTIFICATE OF SECONDARY SCHOOL EXAMINATION (SESSION 2014-16) ISSUED BY CENTRAL BOARD OF SECONDARY EDUCATION.
EXHIBIT	P4 TRUE COPY OF THE CERTIFICATE OF SENIOR SCHOOL CERTIFICATE EXAMINATION (CLASS XII) RESULTS 2018 ISSUED BY CENTRAL BOARD OF SECONDARY EDUCATION.
EXHIBIT	P4 A TRUE COPY OF THE CERTIFICATE OF SENIOR SCHOOL CERTIFICATE EXAMINATION, 2018 ISSUED BY CENTRAL BOARD OF SECONDARY EDUCATION.
EXHIBIT	P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 2.4.2018.
EXHIBIT	P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 2.4.2018.

Lidiya Thomas, v. the Regional Officer

Case brief

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Lidiya Thomas, v. the Regional Officer

Case brief

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