Disposed

P.T.Shahana v. Registrar of Births and Deaths (Secretary)

Kerala HC2 Dec 2021WP(C)/14496/2021

Case brief

AI extract

What is this about?

In a writ petition, the High Court of Kerala directed the Registrar of Births and Deaths to accept and consider an application for correcting the petitioner's date of birth in the birth register, citing earlier precedents allowing corrections for clerical errors after an opportunity of hearing.

What did the court decide?

Petitioner directed to file a fresh application for correction of date of birth; 1st Respondent to accept it, hear the petitioner, and pass orders if satisfied of the mistake.

P.T.Shahana Vs Registrar of Births and Deaths (Secretary) — Kerala HC (2021) — LawSathi Research

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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 SATHISH NINAN

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THURSDAY, THE 2^ND DAY OF DECEMBER 2021 / 11TH AGRAHAYANA, 1943

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WP(C) NO. 14496 OF 2021

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PETITIONER:

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P.T.SHAHANA AGED 32 YEARS D/O. P.M. THANKACHAN, PRESENTLY RESIDING AT 306 C, POCKET-C, MAYUR VIHAR VIHAR-11, DELHI-110 091 AND PERMANENTLY RESIDING AT PARATHANAL HOUSE, VEMBUVA, PAYYAVOOR P.O, PAYYAVOOR VILLAGE, TALIPARAMBA TALUK, KANNUR DISTRICT-670 633.

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BY ADVS. V.A.SATHEESH V.T.MADHAVANUNNI

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RESPONDENTS:

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1 REGISTRAR OF BIRTHS AND DEATHS (SECRETARY) SREEKANDAPURAM MUNICIPALITY, SREEKANDAPURAM P.O, KANNUR DISTRICT-670 631 2 REVENUE DIVISIONAL OFFICER, TALIPARAMBA SUB DIVISION, MINI CIVIL STATION, TALIPARAMBA SUB DIVISION, MINI CIVIL STATION, TALIPARAMBA P.O, KANNUR DISTRICT-670 141 3 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS, SECRETARIAT, THIRUVANANTHAPURAM695 001 BY ADVS. SUNIL V.MOHAMMED T.C.SIBI K.A.ABDUL SALAM BY SR.GOVT.PLEADER:SMT.MABLE.C.KURIAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 14496 OF 2021

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J U D G M E N T

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The petitioner has approached this Court aggrieved by the

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rejection of the application for correction of date of birth in the birth register.

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The petitioner was born at midnight on 28.06.1989 . Though

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in the official documents the date of birth is so mentioned, in the Birth Register it has been stated as 29.06.1989 . The marriage between the petitioner and a Spanish citizen was solemnized on 28-12-2020. The petitioner wants to migrate to

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Spain to live along with her spouse and obtain Spanish Citizenship, for which the anomaly in the Date of Birth in Birth Register and other documents are to be set right. The petitioner's father submitted Ext.P10 representation before the 1^st respondent for correction of petitioner's date of birth in

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the Certificate. However, the same was rejected as per Ext.P11.

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WP(C) NO. 14496 OF 2021

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The birth was at midnight 12 hours intervening 28-6-

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1989 and 29-6-1989. The petitioner and her parents rightly took

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28-6-1989 as the Date of Birth for all practical purposes. To

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substantiate the date of birth, the petitioner relies on the

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Secondary School Leaving Certificate (Ext.P2), PAN Card (Ext.P3) and Passport (Ext.P4) wherein the date of birth has been recorded as 28.06.1989.

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That, if the Registrar is satisfied that there has been mistaken entries in the Birth Register he has due authority to effect necessary corrections therein, has been held by this Court in Chalakkudy Municipality and Another v. Malavika and Another [2009 (4)

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KLT 714 (DB)], Thomas Jacob v. Registrar of Births and Deaths [2011 (3) KLT 461]

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and Abdul Rahiman v. Registrar of Births and Deaths [2016 (4) KLJ 60] .

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Therefore, the first respondent is bound to entertain the request for correction, consider the same and pass orders effecting correction, if he is satisfied of the mistake. It

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WP(C) NO. 14496 OF 2021

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would be sufficient if the petitioner files a fresh application

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before the 1^st respondent for fresh consideration.

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Accordingly, the writ petition is disposed of directing the 1^st respondent to accept and consider the application, if

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any, submitted by the petitioner for correction of date of birth in the Birth Register and pass appropriate orders on the same, after affording adequate opportunity of hearing to the petitioner and to produce sufficient materials to substantiate the claim.

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Sd/-

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SATHISH NINAN JUDGE

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rsr

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WP(C) NO. 14496 OF 2021

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APPENDIX OF WP(C) 14496/2021

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE CERTIFICATE ISSUED FROM NIVIL HOSPITAL, SREEKANDAPURAM TO THE PETITIONER 28.6.2021.
Exhibit P2	TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE PETITIONER.
Exhibit P3	TRUE COPY OF THE PAN CARD ISSUED TO THE PETITIONER.
Exhibit P4	TRUE COPY OF THE PASSPORT ISSUED TO THE PETITIONER.
Exhibit P5	TRUE COPY OF THE BIRTH CERTIFICATE ISSUED TO THE PETITIONER BY THE RESPONDENT NO.1 30.06.1989.
Exhibit P6	TRUE COPY OF THE DECREE CERTIFICATE OF THE PETITIONER DATED 26.2.2011.
Exhibit P7	TRUE COPY OF THE MASTER'S DECREE CERTIFICATE OF THE PETITIONER DATED 27.12.2013.
Exhibit P8	TRUE COPY OF THE CERTIFICATE OF M.A. (PHILOSOPHY) ISSUED TO THE PETITIONER DATED 19.5.2016.
Exhibit P9	TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED FROM TALIPARAMBU MUNICIPALITY DATED 6.1.2021.
Exhibit P10	TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER'S FATHER TO THE RESPONDENT NO.1 DATED 4.6.2021.
Exhibit P11	TRUE COPY OF THE REPLY ISSUED TO THE RESPONDENT NO.1 DATED 21.6.2021.

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WP(C) NO. 14496 OF 2021

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RESPONDENTS EXHIBITS

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ANNEXURE R1(a) TRUE COPY OF THE RELEVANT PAGES OF THE CIRCULAR NO.B-15343/2017 DATED 10.05.2017 ISSUED BY THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. ANNEXURE R1(b) TRUE COPY OF THE COMMUNICATION DATED 27.07.2021 SEND TO THE CHIEF REGISTRAR (BIRTHS AND DEATHS), THIRUVANANTHAPURAM SEEKING CLARIFICATION IN THE MATTER.

P.T.Shahana v. Registrar of Births and Deaths (Secretary)

Case brief

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What did the court decide?

P.T.Shahana v. Registrar of Births and Deaths (Secretary)

Case brief

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