Quashed

Biju Nettorveettil v. the Registrar of Deaths

Kerala HC16 Dec 2020WP(C)/18934/2020

Case brief

AI extract

What is this about?

This writ petition challenged the rejection of a request to correct the petitioner's date of birth in his birth certificate. The court directed the Municipality to take a fresh decision within one month after considering the petitioner's secondary school certificate and set aside the impugned order.

What did the court decide?

The impugned order is set aside and a fresh decision is directed to be taken by the Municipality within one month after considering the secondary school certificate.

Biju Nettorveettil Vs the Registrar of Deaths — Pension and Retirement Benefits | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

WEDNESDAY, THE 16TH DAY OF DECEMBER 2020 / 25TH AGRAHAYANA, 1942

¶5

WP(C).No.18934 OF 2020(N)

¶6

PETITIONER:

¶7

BIJU NETTOORVEETTIL, AGED 48 YEARS, S/O.ANANDAN, AYYALLUR, KOLARI P.O, MATTANNUR, KANNUR DISTRICT - 670 702, REPRESENTED BY POWER OF ATTORNEY HOLDER, N V SHYLAJA, D/O. V. ANANDAN NAMBIAR, AGED 56 YEARS, RESIDING AT ANANDALAYAM, AYYALLUR, KOLARI P.O, MATTANNUR, KANNUR DISTRICT-670 702.

¶8

BY ADV. SRI.CIBI THOMAS

¶9

RESPONDENTS:

¶10

1 THE REGISTRAR OF DEATHS, MATTANNUR MUNICIPALITY, MATTANNUR P.O, KANNUR DISTRICT - 670 702.

¶11

2 THE CHIEF REGISTRAR (DEATHS), T C 25/3264 (1), SWARAJ BHAVAN, GROUND FLOOR, NANTHANCODE, KOWDIAR P.O, THIRUVANANTHAPURAM-695 003.

¶12

3 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶13

BY ADVS. SRI.V.M.SYAM KUMAR SMT.SNEHA RAJIV SRI.S GOPINATHAN, SR GP

¶14

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

WP(C).No.18934 OF 2020(N)

¶16

-2-

¶17

JUDGMENT

¶18

Dated this the 16th day of December 2020

¶19

The writ petition is filed challenging Ext.P3 communication, dated 20.02.2020, issued by the Registrar of Births, Deaths and Marriage, Mattannur Municipality.

¶20

The petitioner approached the 1^st

¶21

respondent for correction of date of birth. According to the petitioner, his actual date of birth is 10.12.1972. However, in Ext.P1 birth certificate, it is

¶22

shown as 03.01.1973. The petitioner sought correction of date of birth in the light of the date of

¶23

birth shown in Ext.P5 passport and in Ext.P6 Aadhaar card.

¶24

The reason for rejection is that the

¶25

petitioner is unable to produce any other credible

¶26

WP(C).No.18934 OF 2020(N)

¶27

-3-

¶28

documents to show the actual date of birth. The petitioner placed reliance on Ext.P4 Secondary School certificate.

¶29

In the light of the above, I am of the view that a fresh decision shall be taken by the Municipality, after adverting to Secondary School certificate, within a period of one month. Accordingly, the impugned order is set aside.

¶30

The writ petition is disposed of as above.

¶31

Sd/-

¶32

A.MUHAMED MUSTAQUE JUDGE

¶33

akv

¶34

WP(C).No.18934 OF 2020(N)

¶35

-4-

¶36

APPENDIX

¶37

PETITIONER'S/S EXHIBITS:

¶38

EXHIBIT P1 A TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER. EXHIBIT P2 A TRUE COPY OF THE APPLICATION DATED 14.2.2020 SUBMITTED BEFORE THE 1ST RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE COMMUNICATION DATED 20.2.2020 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE SECONDARY SCHOOL CERTIFICATE OF THE PETITIONER. EXHIBIT P5 A TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE PETITIONER. EXHIBIT P6 A TRUE COPY OF THE ADHAR CARD OF THE PETITIONER. EXHIBIT P7 TRUE COPY OF THE PAN CARD OF THE PETITIONER.

¶39

RESPONDENT'S/S EXHIBITS : NIL.

¶40

//TRUE COPY// P.A. TO JUDGE

Biju Nettorveettil v. the Registrar of Deaths

Case brief

What is this about?

What did the court decide?

Biju Nettorveettil v. the Registrar of Deaths

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sreehari Achikanath Chirakkara Vs Assistant Executive Engineer 1 1

G.K.Granites Limited Vs the Director of Mining and Geology

Sakkeer Vs District Collector

Dr. P.G Beena Vs the Revenue Divisional Officer/Sub Collector

Aalamullathil Chandran Vs State of Kerala

T Thomas Abraham Vs Village Officer, Aluva