Allowed

Omana Punnoose v. State of Kerala

Kerala HC8 Feb 2022WP(C)/2203/2022

Case brief

AI extract

What is this about?

The Court allowed a writ petition seeking correction of a birth date entry in a Panchayat register. The Court directed the 3rd respondent to consider an application for correction based on passport, Aadhar card, baptism certificate, and school records showing the correct date.

What did the court decide?

Direction to the 3rd respondent to consider the application for correction of date of birth in light of exhibited documents and pass appropriate orders.

Omana Punnoose Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE SATHISH NINAN

¶4

TUESDAY, THE 8^TH DAY OF FEBRUARY 2022 / 19TH MAGHA, 1943

¶5

WP(C) NO. 2203 OF 2022

¶6

PETITIONER:

¶7

OMANA PUNNOOSE,AGED 67 YEARS,SHIJI BHAVAN @ KOOVAKADA KOCHUPLAPARAMBIL, METHALA P.O ASAMANNOOR GRAMA PANCHAYAT, KURUPAMPADI, PERUMBAVOOR,ERNAKULAM, PIN - 683545

¶8

BY ADVS. G.BHAGAVAT SINGH KELU BHAGAVAT

¶9

RESPONDENTS:

¶10

1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANATHAPURAM, PIN 695001 THIRUVANANTHAPURAM, PIN - 695001

¶11

2 THE CHIEF REGISTRAR OF BIRTHS AND DEATHS,DIRECTORATE OF PANCHAYAT, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM. THIRUVANANTHAPURAM, PIN - 695033

¶12

3 REGISTRAR OF BIRTHS AND DEATHS/SECRETARY,ASAMANNOOR GRAMA PANCHAYAT, ASAMANNOOR P.O ODAKKALI , ERNAKULAM -683549 ERNAKULAM, PIN - 683549

¶13

4 ASAMANNOOR GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY ASAMANNOOR GRAMA PANCHAYAT, ASAMANNOOR P.O ODAKKALI , ERNAKULAM -683549 ERNAKULAM, PIN - 683549 BY ADV K.S.ARUN KUMAR

¶14

SR.G.P SRI. BIMAL .K .NATH.

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

WP(C) NO.2203 of 2022

¶17

¶18

JUDGMENT

¶19

The writ petition is filed by the mother of 'Shiji K Punnoose', who is working abroad, seeking correction in her date of birth as entered in the register of Births and Deaths maintained in the Panchayath. Though her date of birth is 30.05.1975 , in the Register the date of birth is mistakenly entered as 14.07.1975, is the grievance of the petitioner.

¶20

Pending the writ petition since 'Shiji K

¶21

Punnoose' was available at station, this Court passed an interim order on 01.02.2022 to the effect that if ‘Shiji K Punnoose’, in person, submits an application seeking correction in the register, the same shall be accepted and her statement recorded. It was further directed that if any further clarifications are necessary, the same shall be intimated to the petitioner.

¶22

Pursuant thereto, an application was

¶23

submitted before the authority.

¶24

WP(C) NO.2203 of 2022

¶25

¶26

Along with I.A No.2 of 2022 the petitioner has placed on record Ext P13 communication dated 04.02.2022, wherein the petitioner has been required to produce documents to substantiate the error/mistake that has allegedly crept in the records.

¶27

I have heard the learned counsel for the

¶28

petitioner and the learned standing counsel for the Panchayath.

¶29

Ext P4 is the copy of the passport in the name of Shiji K Punnoose. Therein, her date of birth is shown as 30.05.1975 . Ext P5 is copy of her Aadhar Card. Therein also the date of birth is shown as 30.05.1975 . The legal presumption attached to such public documents has been underscored by the Apex Court in a recent decision in Jigya Yadav v. CBSE (2021(3) KLT 711(SC)) . Therein the issue involved related to correction of date of birth in CBSE records. The evidentiary value attached to the details given in Exts P4 and P5 referred to supra cannot be overlooked. Coupled with the said

¶30

WP(C) NO.2203 of 2022

¶31

¶32

documents is Ext P3, copy of Baptism certificate issued from the church, Ext P1, the school admission register and Ext P2, the S.S.L.C certificate. All these documents indicate the date of birth of the petitioner as 30.05.1975 . There is nothing to indicate that the claim made is malafide or is not genuine.

¶33

In the circumstances, there will be a direction to 3^rd respondent to have the application for correction of date of birth of Shiji K Punnoose considered in the light of the above documents and appropriate orders passed effecting the correction, without further delay. The petitioner shall make available before the authority the documents referred to in this writ petition, if not already produced.

¶34

The writ petition is disposed of as above.

¶35

Sd/-

¶36

Sathish Ninan, Judge

¶37

vdv

¶38

WP(C) NO.2203 of 2022

¶39

¶40

APPENDIX OF WP(C) 2203/2022

¶41

PETITIONER EXHIBITS

¶42

Exhibit1	COPY OF THE EXTRACT OF ADMISSION REGISTER MAINTAINED AT G.H.S.S KALLIL DATED 21.12.2021.
Exhibit2	COPY OF THE FIRST PAGE OF SSLC CERTIFICATE OF SHIJI K PUNNOOSE DATED 22.03.1990
Exhibit3	COPY OF THE MAMODISA CERTIFICATE ISSUED BY THE VICAR OF ST.MARY'S JACOBITE SYRIAN CHURCH, ODAKKALY DATED 03.10.2021.
Exhibit4	COPY OF RELEVANT PAGES PASSPORT OF SHIJI KOCHUPLAPARAMBIL PUNNOOSE.
Exhibit5	COPY OF THE AADHAR CARD OF SHIJI KOCHUPLAPARAMBIL PUNNOOSE BEARINGNUMBER 432843547563.
Exhibit6	COPY OF THE APPROVAL ISSUED BY NEBRASKA SERVICE CENTER DATED 22.11.2021
Exhibit7	COPY OF THE BIRTH CERTIFICATE ISSUED BY THE 3RD RESPONDENT ON 18.12.2019
Exhibit8	COPY OF THE COVERING LETTER DATED 25.01.2020 ISSUED BY THE 3RD RESPONDENT ALONG WITH EXT.P-7.
Exhibit9	COPY OF THE APPLICATION FILED BY THE PETITIONER FOR CORRECTIONS TO BE EFFECTED IN THE BIRTH CERTIFICATE BEFORE THE 3RD RESPONDENT ALONG WITH AN AFFIDAVIT DATED 27.10.2021.
Exhibit10	COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED BY THE 3RD RESPONDENT DATED 30.10.2021

Omana Punnoose v. State of Kerala

Case brief

What is this about?

What did the court decide?

Omana Punnoose v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Joseph.K.v Vs the Secretary

Dhanesh P Vs the Secretary

Midhun Dhanapalan Vs the Excise Commissioner

Biji Mathew Vs the Secretary and Registrar of Birth and Deaths

Prakash. B.P. Vs Mony Roy

Lorance Mon T.J. Vs the Regional Manager