Disposed

Registrar of Birth and Death v. M.V Johnson

Kerala HC13 Jan 2020WA/849/2017

Case brief

AI extract

What is this about?

The High Court disposed of a writ appeal filed by the Registrar of Births and Deaths against a single judge's order mandating fresh birth certificates with parent addresses. The Court held that since current software permits address entry, the appeal need not be decided on merits; instead, the appellant is directed to issue a fresh birth certificate within one month upon a fresh application.

What did the court decide?

Respondent No.1 permitted to make a fresh application; Registrar directed to issue a fresh birth certificate containing present or permanent address within one month.

Registrar of Birth and Death Vs M.V Johnson — Pension and Retirement Benefits | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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MONDAY, THE 13TH DAY OF JANUARY 2020 / 23RD POUSHA, 1941

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WA.No.849 OF 2017

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AGAINST THE JUDGMENT IN WPC 18135/2010 DATED 04-01-2017 OF HIGH COURT OF KERALA

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APPELLANT/1st RESPONDENT:

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REGISTRAR OF BIRTH AND DEATH CORPORATION OF THRISSUR, THRISSUR - 680 001.

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BY ADV. SRI. SANTHOSH P.PODUVAL, SC, THRISSUR CORPORATION

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RESPONDENTS/PETITIONER & RESPONDENTS 2&3:

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1 M.V JOHNSON S/O. VARGHESE, MANAVALAN HOUSE, NADUVATTOM,MALAYATTOOR VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT.

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2 THE CHIEF REGISTRAR

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(PANCHAYATH DIRECTOR), TRIVANDRUM - 695 001.

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3 STATE OF KERALA REPRESENTED BY THE SECRETARY, MINISTRY OF LOCAL SELF GOVERNMENT TRIVANDRUM - 695 001.

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R1 BY ADV. SRI.KURIAN ANTONY EDASSERY (B/O) R2-3 BY SR. GOVERNMENT PLEADER SRI.V. TEKCHAND

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.A.849/2017

JUDGMENT

Dated this the 13^th day of January, 2020

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S. Manikumar, CJ

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Being aggrieved by judgment in W.P(C). No.18135 of 2010 dated 4.1.2017, instant appeal is filed by Registrar of Birth and Death, Corporation of Thrissur.

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The short facts leading to appeal are as hereunder:

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Appellant herein was the 1^st respondent in the above writ petition. The writ petition was filed by the 1^st respondent herein for a direction to the appellant to carryout necessary correction in the Birth Certificate of his children incorporating the address of the parents and to issue a fresh Birth Certificate. The 1^st respondent herein/petitioner contended that the Birth Certificate of his children did not contain the address of parties, since the forms issued by the respondents to the hospitals in Kerala during 2000-2007 did not contain columns to note the address of the parents of the child. Hence, the Birth Certificates also did not contain the said address. According to the petitioner, since the respondents did not take necessary steps to correct the same the writ petition was filed.

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Before the writ court, appellant/1^st respondent filed a counter affidavit pointing out that the printed composition Form No.1, both

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W.A.849/2017

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prescribed under Rules 12 and 5 of Registration of Birth and Death Rule supplied by the 3^rd respondent did not contain the columns for entering address of parents. Hence, in the Birth Register maintained in Form No.7 under Rule 12 in the Corporation, the said details were not available. The appellant could not effect necessary corrections, since the address of the parents cannot be incorporated in the Birth Register. The software for the format of the Birth Register is developed by the firm namely, Information Kerala Mission. Necessary instructions were given by the 2^nd respondent in the writ petition to effect necessary changes in the software.

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The learned Single Judge allowed the writ petition vide judgment dated 4.1.2017, whereby the appellant was directed to effect necessary corrections in the Birth Certificates and issue fresh Birth Certificates.

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In the absence of any column in the Form issued by the 3^rd respondent herein, the appellant could not incorporate the address in the Birth Certificates. Further, Section 15 of the Registration of Births and Deaths Act, 1969 enables the Registrar to correct the original entry. Hence, the said power is not available in this case.

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Appeal is filed on the grounds, inter alia, that the direction in the judgment is to effect necessary corrections in the Birth Certificates. As per Section 17 of the Act, the Birth Certificate shall be an extract of

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W.A.849/2017

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the Birth Register. Since, the Birth Register does not contain columns to note the addresses of the parents and since it is practically impossible to make any entry in such registers, for want of space in the forms supplied by the 3^rd respondent at the relevant time, Birth Certificate alone cannot be corrected. Another ground which is pointed out by the appellant is that necessary steps have to be taken for making provisions to incorporate the address of the parents in the software, which was developed by an agency authorised by the 2^nd respondent herein. Hence, necessary directions ought to have been issued to the 2^nd respondent in that regard.

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On the last occasion, when the matter came up for hearing, Mr. V. Tekchand, learned Senior Government Pleader, was directed to get instruction from the State Government, Secretary, Ministry of Local Self Government (3^rd respondent), as to whether there could be a provision inserting present or permanent address column in the software, which was used in 2000-2007.

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Reverting, on the basis of instructions, learned Senior Government Pleader submitted that Government of India, Ministry of Home Affairs, Office of the Registrar General, has issued letter dated 26.10.2007 to the Chief Registrar of Births and Deaths, Directorate of Panchayats, Kerala, Thiruvananthapuram, stating that entry in remark column as hereunder can be made. For brevity, letter dated

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W.A.849/2017

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26.10.2007 is reproduced:

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“Dated:26.10.2007

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To,

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The Chief Registrar of Births and Deaths Directorate of Panchayats, Kerala, Museum P.O., Thiruvananthapuram-695 003.

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Sub: Standardiztion of Births and Deaths certificatesissuance of certificates in bilingual formats-clarification sought of-reg.

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Sir,

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Please refer to your office letter no.B1-19307/2004 dated 10.8.2007 vide which you have sought a clarification regarding permission for making an entry in the remarks column of birth and death certificate for past cases which were registered before the implementation of standardised formats. In this regard, it is intimated that where no entry relating to present or permanent address exists, you may make an entry in the remarks column as given below:“ The original record do not contain the column relating to present and permanent address ”

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In case of adopted children, the permanent address and present address of adopted parents, who have adopted the child may be written in the birth certificate format.

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Yours faithfully, Sd/(Harbinder Singh) Deputy Registrar General)”

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Though judgment in W.P(C).No.18135 of 2010 dated

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4.1.2017 is impugned on the above grounds, admitted position as on

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W.A.849/2017

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today is, there is a column to mention the present or permanent address in the Birth Certificates issued after 2007. To make it clear, the software for formation of Birth Register now enables the applicant to mention present or permanent address.

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Such be the position, we are not inclined to advert to the correctness of the judgment impugned, but permit the respondent No.1 to make fresh application to the competent authority for issuance of another Birth Certificate, which is admittedly, permissible. Mr.Kurian Antony Edassery, learned counsel for respondent No.1, is also agreeable to the above said proposition. Thus, respondent No.1 is permitted to make fresh application for issuance of Birth Certificate and on receipt of the same, Registrar of Births and Deaths shall issue a Birth Certificate, within one month, containing the present or permanent address of the persons, who sought for Birth Certificate.

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With the above direction, writ appeal is disposed of.

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Sd/S. Manikumar, Chief Justice

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Sd/Shaji P. Chaly, Judge

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sou.

Registrar of Birth and Death v. M.V Johnson

Case brief

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Registrar of Birth and Death v. M.V Johnson

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