Disposed

Bindhu Nair Jayagopan v. Chief Registrar of Birth and Death

Kerala HC21 Oct 2021WP(C)/16104/2021

Case brief

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What is this about?

The Court disposed of a writ petition against the Registrar of Births and Deaths, directing him to accept and consider the petitioner's application for correcting her erroneous date and place of birth in the birth register after affording her a hearing opportunity.

What did the court decide?

The writ petition was disposed of directing the Second Respondent to accept and consider the petitioner's application for correction of details in the Birth Register after affording an adequate opport

Bindhu Nair Jayagopan Vs Chief Registrar of… — Pension and Retirement Benefits | 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 SATHISH NINAN

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THURSDAY, THE 21^ST DAY OF OCTOBER 2021 / 29TH ASWINA, 1943

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WP(C) NO. 16104 OF 2021

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PETITIONER:

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BINDHU NAIR JAYAGOPAN AGED 47 YEARS D/O.K.R.RAVINDRANATHAN NAIR, TC 05/2547 REVAILY, KRISHNA GARDENS, GOLF LINK ROAD, KOWDIAR, TRIVANDRUM-695003, NOW RESIDING AT 2878 CDAR GLADE DR,NAPERVILLE, UL USA REPRESENTED BY POWER OF ATTORNEY HOLDER, LATHA BALAJI, AGED 45 YEARS, D/O.K.R.RAVINDRANATHAN NAIR, TC 05/2547 REVAILY, KRISHNA GARDENS, GOLF LINK ROAD, KOWDIAR, THIRUVANANTHAPURAM-695003.

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BY ADVS. G.BENO S.CHYTHANYA

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RESPONDENTS:

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1 CHIEF REGISTRAR OF BIRTH AND DEATH DIRECTORATE OF PANCHAYATH, PUBLIC OFFICE BUILDINGS, MUSEUM JUNCTION, PMG, THIRUVANANTHAPURAM-695033.

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2 THE REGISTRAR OF BIRTHS AND DEATHS/THE COMMISSIONER, THIRUVANANTHAPURAM MUNICIPAL CORPORATION, VIKAS BHAVAN, LMS VELLAYAMABALAM ROAD, OPP.UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, THIRUVANANTHAPURAM,PIN-695033.

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3 THIRUVANANTHAPURAM MUNICIPAL CORPORATION, REPRESENTED BY THE COMMISSIONER,THIRUVANANTHAPURAM MUNICIPAL CORPORATION, VIKAS BHAVAN, LMS VELLAYAMBALAM ROAD, OPP.UNIVERSITY OF KERALA SENATE HOUSE CAMPUS, THIRUVANANTHAPURAM-695033.

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WP(C) NO. 16104 OF 2021 -2-

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4 STATE OF KERALA REPRESENTED BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, 2ND FLOOR, ANNEX I, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. BY ADVS. N.NANDAKUMARA MENON (SR.) P.K.MANOJKUMAR SHRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION BY SRI.SUNIL V.K., SR. GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = W. P. (C) No.16104 of 2021

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= = = = = = = = = = = = = = = = = = Dated this the 21^st day of October, 2021

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J U D G M E N T

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The petitioner has approached this Court aggrieved

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by the reluctance on the part of the second respondent to accept and consider the petitioner's application for correction of date of birth and place of birth in the birth register relating to the petitioner.

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The petitioner was born on 05.04.1973 . The birth

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was at her mother's residence at Saraswathy Bhavan, R.C.

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Junction, Near Barton Hill, Kunnukuzhi, Thiruvananthapuram. The petitioner is presently at USA residing with her husband and son. For obtaining USA Green Card

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for permanent residence she requires her certificate of birth from the second respondent. When she approached the authorities it was found that, in the birth register her date of birth is erroneously entered as 19.09.1972

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and her place of birth is recorded as Vasudeva Vilasam

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Nursing Home (later corrected by the authority suo motu

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W. P. (C) No.16104 of 2021

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-: 2 :-

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as Valsala Nursing Home). Those two entries are

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erroneous and need to be corrected. To substantiate the correct date of birth of the petitioner, she relies on her Secondary School Leaving Certificate, Passport and Aadhar card wherein the date of birth has been recorded as 05.04.1973 . As regards the entry regarding the place of birth, the petitioner relies on Ext.P7 affidavit sworn to by the petitioner's uncle (mother's brother) that she was born on 05.04.1973 at Saraswathy Bhavan, R.C.Junction, Near Barton Hill, Kunnukuzhi, Thiruvananthapuram.

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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) KLT 714 (DB)], Thomas Jacob v. Registrar of Births and Deaths [2011 (3) KLT 461] and Abdul Rahiman v. Registrar of Births and Deaths [2016 (4) KLJ 60] .

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W. P. (C) No.16104 of 2021 -: 3 :-

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Therefore, the second respondent is bound to entertain the application for correction, consider the same and pass appropriate orders.

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Accordingly the writ petition is disposed of directing the second respondent to accept and consider the application if any submitted by the petitioner for correction of details in the Birth Register, and consider and pass appropriate orders on the same, after affording adequate opportunity of hearing to the petitioner and to produce sufficient materials to substantiate her claim.

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Sd/- SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

APPENDIX OF WP(C) 16104/2021

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF ATTORNEY DATED 04/05/2021 OF THE PETITIONER Exhibit P2 TRUE COPY OF THE SSL CERTIFICATE OF THE PETITIONER Exhibit P3 TRUE COPY OF THE INDIAN PASSPORT OF THE PETITIONER Exhibit P4 TRUE COPY OF THE ADHAAR CARD OF THE PETITIONER Exhibit P5 TRUE COPY OF THE APPLICATION DATED 02/05/2021 OF THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF THE BIRTH REGISTRATION DETAILS OF THE PETITIONER Exhibit P7 TRUE COPY OF THE AFFIDAVIT OF THE MATERNAL UNCLE OF THE PETITIONER Exhibit P8 TRUE COPY OF THE LEGAL NOTICE DATED 28/06/2021 TO MANAGING DIRECTOR,VASUDEVA VILASAM NURSING HOME. Exhibit P9 TRUE COPY OF THE LETTER DATED 26/07/2021 OF VASUDEVA VILASAM NURSING HOME.

Bindhu Nair Jayagopan v. Chief Registrar of Birth and Death

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Bindhu Nair Jayagopan v. Chief Registrar of Birth and Death

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