Disposed

Mathew Oommen, v. Registrar of Births and Deaths

Kerala HC2 Feb 2021WP(C)/1383/2021

Case brief

AI extract

What is this about?

In WP(C).No.1383 OF 2021, the Court considered a writ petition regarding rejection of an application to correct the date of birth in a Birth Certificate. The Court directed the Registrar to consider a fresh application supported by affidavits of reliable persons and other documents within one month.

What did the court decide?

Directed the Petitioner to file another application supported by affidavits of two reliable persons within two weeks; Panchayath to consider afresh and pass orders within one month.

Mathew Oommen, Vs Registrar of Births… — Constitutional and Fundamental Rights | Kerala HC (2021)

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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 SUNIL THOMAS

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TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

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WP(C).No.1383 OF 2021(W)

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PETITIONER:

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MATHEW OOMMEN, AGED 41 YEARS SON OF A.C.OOMMEN, ALTHARACKAL HOUSE, ERAVIPEROOR P.O., ERAVIPEROOR VILLAGE, THIRUVALLA THALUK, PATHANAMTHITTA (DIST), KERALA, PIN 689 542

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BY ADVS. SMT.J.SURYA SMT.A.B.BEENU

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RESPONDENTS:

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1 REGISTRAR OF BIRTHS AND DEATHS, ERAVIPEROOR GRAMAPANCHAYAT, KOZHIMALA, ERAVIPEROOR, PATHANAMTHITTA 689 541

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2 STATE OF KERALA REP.BY THE SECRETARY, MINISTRY OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001

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R1 BY SHRI.T.P.PRADEEP, SC, ERAVIPEROOR GRAMA PANCHAYAT

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R1 - SRI.T.P.PRADEEP.SC R2 - SRI.K.P.HARISH,SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1383 OF 2021

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JUDGMENT

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Dated this the 2nd day of February 2021

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The petitioner claims to have born on 01.02.1979 at his home in Eraviperoor, Thiruvalla. According to him, his wife got employment abroad and he proposes to accompany her to that country. He applied for a Birth Certificate, which was issued with date of birth shown as 07.02.1979. Ext.P2 is the copy of the Birth Certificate. He filed an application dated 19.08.2020 to correct the mistake in the date of birth, along with his affidavit and copies of his Baptism certificate, Secondary School Leaving Certificate, Copy of first page of his passport to prove his actual date of birth as 01.02.1979 and not 07.02.1979. Ext.P4 application was rejected by the Panchayath by Ext.P10 reply stating that, the relevant documents of that period confirming the date of birth as 01.02.1979 were not produced. The above reply is

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WP(C).No.1383 OF 2021

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under challenge in the writ petition.

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Mr.T.P Pradeep, the learned Standing Counsel for the Panchayath submitted that, according to the instructions received, the application was not supported by necessary documents satisfying the conditions required. According to the learned counsel records of the relevant period were not produced. By G.O of the Director of Panchayath dated 10.05.2017 No.B1/15343/2017, it was clarified in clause No.9.4 and 9.5 that, affidavits of two reliable persons shall also be submitted. Reliable persons have been specified as certain category of credible persons like Lawyers, Teachers etc. It seems that, petitioner has produced other reliable documents issued by the statutory authorities as Baptism Certificate, Secondary School Leaving Certificate and Copy of the passport. There is nothing to indicate that the above documents are unreliable on the face of it. They are also issued by statutory or other competent persons. In the above circumstances the reasoning given in Ext.P10

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WP(C).No.1383 OF 2021

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cannot be sustained.

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Having considered this, I am inclined to direct the petitioner to file another application within two weeks, supported by affidavits of two reliable persons as contemplated in the above circular. The Panchayath shall consider the application afresh, in the light of what is mentioned above and pass appropriate orders, notwithstanding the stand taken in Ext.P10, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment.

Sd/-

SUNIL THOMAS

JUDGE

Jms //True Copy// P.A to Judge

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WP(C).No.1383 OF 2021

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE OFFER OF EMPLOYMENT LETTER ISSUED TO PETITIONER'S WIFE.
EXHIBIT P2	TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE FIRST RESPONDENT WITHOUT ENTERING NAME AND DATE OF BIRTH AS 7.2.1979 INSTEAD OF 1.2.1979
EXHIBIT P3	TRUE COPY OF THE BIRTH CERTIFICATE ENTERING NAME AND WITHOUT CORRECTING DATE OF BIRTH AS 1.2.1979
EXHIBIT P4	TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER DATED NIL BEFORE FIRST RESPONDENT
EXHIBIT P5	TRUE COPY OF AFFIDAVIT OF THE PETITIONER DATED 19.8.2020
EXHIBIT P6	TRUE COPY OF AADHAR CARD OF MR. M.R.JACOB
EXHIBIT P6 (A)	TRUE COPY OF AADHAR CARD OF MR. T.M.JOSEPH
EXHIBIT P7	TRUE COPY OF THE BAPTISM CERTIFICATE DATED 15.3.2020
EXHIBIT P8	TRUE COPY OF THE FIRST PAGE OF SECONDARY SCHOOL LEAVING CERTIFICATE OF THE PETITIONER
EXHIBIT P9	TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT OF THE PETITIONER
EXHIBIT P10	TRUE COPY OF THE ORDER OF THE FIRST RESPONDENT REJECTING EXT P4 APPLICATION DATED 23.9.2020
EXHIBIT P11	TRUE COPY OF THE APPLICATION DATED 3.11.2020 SUBMITTED BEFORE THE FIRST RESPONDENT
EXHIBIT P12	TRUE COPY OF THE ORDER OF THE FIRST RESPONDENT REJECTING EXT P11 APPLICATION

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//True Copy// P.A to Judge

Mathew Oommen, v. Registrar of Births and Deaths

Case brief

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Mathew Oommen, v. Registrar of Births and Deaths

Case brief

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