Disposed

Sindu George v. State of Kerala

Kerala HC7 Dec 2022WP(C)/2484/2022

Case brief

AI extract

What is this about?

This Court, accepting the petitioner's pending application for correction of birth date, directed the respondents to process the application under the Registration of Births and Deaths Act, 1969, after a hearing, within two months.

What did the court decide?

Direction to respondents to process the petitioner's application for correction of birth date under the Registration of Births and Deaths Act, 1969, after a hearing, within two months.

Sindu George Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2022)

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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 AMIT RAWAL

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WEDNESDAY, THE 7^TH DAY OF DECEMBER 2022/16TH AGRAHAYANA, 1944

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WP(C) NO. 2484 OF 2022

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PETITIONER:

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SINDU GEORGE AGED 43 YEARS KOTTACKAL HOUSE, KARUKUTTY P.O., ANGAMALY NOW RESIDING AT DOOR NO.17 AND 18, DODDANAGAMANGALA, AFTER ELECTRONIC CITY POST, BANGLORE,KARNATAKA STATE ERNAKULAM, PIN – 683576 BY ADVS.AJEESH S.BRITE FRANCIS ASSISI STEPHY JOSEPH SEREENA P.A. MINU V.A.

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RESPONDENTS:

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1 STATE OF KERALA SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, 3RD FLOOR, NORTH BLOCK, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001 2 SECRETARY KARUKUTTY GRAMA PANCHAYATH, 12/609, KARUKUTTY GRAMA PANCHAYATH OFFICE, KARUKUTTY P.O. ERNAKULAM, PIN – 683576 3 REGISTRAR OF BIRTH AND DEATH KARUKUTTY GRAMA PANCHAYATH, 12/609, KARUKUTTY GRAMA PANCHAYATH OFFICE, KARUKUTTY ERNAKULAM, PIN – 683576 R1 & R3 BY SRI.SUNIL KURIAKOSE,GOVERNMENT PLEADER R2 BY SRI. ANIL PRABHA K., STANDING COUNSEL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C.) No. 2484/2022

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JUDGMENT

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The petitioner has approached this Court with the following

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reliefs:-

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“(i) a writ of mandamus or any other appropriate writ order or direction, directing the 3^rd respondent to issue birth certificate to the petitioner by incorporating 15.08.1978 as date of birth of the petitioner.

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ii) any other appropriate writ, order or direction as the Hon'ble Court may deem fit and proper in the circumstances of this case.”

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It is contended that the petitioner's correct date of birth

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is 15.08.1978, which is also reflected in Secondary School Leaving Certificate, Aadhaar Card, Driving Licence, Passport and PAN card. But in the birth certificate issued by the third respondent, the

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Registrar of Births and Deaths, the date of birth is shown as 16.08.1978. It is also submitted that after filing of the writ petition, an application has been filed before the third respondent, for correction of date of birth and the same is stated to be pending.

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The learned Standing Counsel appearing for respondents 2 and 3 submits that she has no instruction with regard to the pendency of the application.

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W.P.(C.) No. 2484/2022

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4. I heard the learned counsel on both sides.

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Having accepted the submission made by the learned counsel for the petitioner that an application has been submitted for correction of date of birth after filing of the writ petition, I dispose of the writ petition by issuing directions to the respondents 2 and 3, to take a call on the application of the petitioner submitted for correction of the date of birth, strictly in accordance with the provisions of the Registration of Births and Deaths Acts, 1969 and other provisions, after affording an opportunity of hearing. Let this exercise be undertaken within a period of two months from the date of receipt of a certified copy of this judgment.

Sd/-

AMIT RAWAL

JUDGE

DCS/07.12.2022

W.P.(C.) No. 2484/2022

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APPENDIX

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PETITIONER EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE BIRTH CERTIFICATE NO.109/1978 ISSUED BY REGISTRAR OF BIRTH AND DEATH, KARUKUTTY GRAMA PANCHAYATH DATED 10/04/2018. EXHIBIT P2 TRUE COPY OF THE AADHAAR CARD NO. 7183 5772 2333 ISSUED BY KARNATAKA STATE. EXHIBIT P3 TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE ISSUED DATED 30.03.1994. EXHIBIT P4 TRUE COPY OF THE PASSPORT NO.U8872259 ISSUED BY THE REGIONAL PASSPORT OFFICE AT BANGALORE DATED 11/02/2021. EXHIBIT P5 TRUE COPY OF THE CERTIFICATE ISSUED BY THE ADMINISTRATOR, ALPHONSA HOSPITAL, KARUKUTTY DATED 27/12/2021. EXHIBIT P6 TRUE COPY OF THE DRIVING LICENSE ISSUED BY THE GOVERNMENT OF KARNATAKA DATED 28.03.2012 EXHIBIT P7 TRUE COPY OF THE PAN CARD ISSUED BY THE INCOME TAX DEPARTMENT DATED 04.06.2018

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RESPONDENT'S EXHIBITS

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EXHIBIT R2(A) TRUE COPY OF THE RELEVANT PAGE OF THE BIRTH AND DEATH REGISTER SHOWING THE DATE OF BIRTH OF THE PETITIONER EXHIBIT R2(B) TRUE COPY OF THE BAPTISM CERTIFICATE ISSUED BY THE ST. XAVIER'S FORANE CHURCH KARUKUTTY DATED 02.02.2022

Sindu George v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sindu George v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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