Petitioner's request to correct her date of birth in her birth certificate was rejected without consideration. The court directed that the application be forwarded to the Registrar of Births and Deaths for fresh consideration on an enquiry, dehors the rejection order.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 24747 OF 2020
PETITIONER:
EMILY ANGEL,
D/O ANGEL,AGED 34 YEARS, NOW RESIDING AT BLOCK 62A, SALEM AL MUBARAK STREET, SAMIYA, KUWAIT REPRESENTED BY HER LAWFUL POWER OF ATTORNEY HOLDER AND BROTHER MILAN T.A., S/O ANGEL, AGED 40 YEARS, THUNDIYIL HOUSE, OCHANTHURUTH P.O.KOCHI-682 508.
BY ADV DENIZEN KOMATH
RESPONDENTS:
1 ELAMKUNNAPUZHA GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, MALIPURAM P.O.KOCHI-682 511.
*** ADDL. RESPONDENT NO.3**
ADDL.R3 REGISTRAR OF BIRTHS AND DEATHS, ELANKUNNAPUZHA GRAMA PANCHAYAT, MALIPPURAM P.O., KOCHI- 682511.
*** [ADDITIONAL RESPONDENT NO.3 IS IMPLEADED IN THE WRIT PETITION (CIVIL) AS PER THE ORDER DATED 07.07.2022 IN I.A. 1/2021.]**
BY ADV SRI.P.M.BENZIR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = = W.P.(C) No.24747 of 2020 = = = = = = = = = = = = = = = = = = Dated this the 11th day of April, 2024
J U D G M E N T
The request of the petitioner to correct the date
of birth in the Birth Certificate was rejected by the first respondent as per Ext.P8. The same is under challenge in this writ petition.
petitioner, issued by the first respondent. Therein the date of birth of the petitioner is shown as “27.06.1986”. According to the petitioner, her correct date of birth is 26.05.1986. The petitioner sought such correction in Ext.P2, which was rejected as per Ext.P8.
and the learned Standing Counsel for the first respondent.
of the petitioner is 26.05.1986, she relies on the
W.P.(C) No.24747 of 2020
-: 2 :-
Secondary School Leaving Certificate, the Transfer Certificate issued by the Institution, and her passport.
Resultantly, this writ petition is disposed of directing the first respondent to forward the petitioner's application for correction to the third respondent and the authority shall consider the application in the light of the evidence that may be produced before him by the petitioner, dehors Exhibit
W.P.(C) No.24747 of 2020
-: 3 :-
P8. Since the petitioner is stated to be abroad, she shall be permitted to represent through her Power of Attorney Holder.
Sd/- SATHISH NINAN JUDGE
kns/-
//True Copy//
P.S. to Judge
APPENDIX OF WP(C) 24747/2020
PETITIONER EXHIBITS
| EXHIBIT P1 | TRUE THE |
PHOTOCOPY PETITIONER |
OF | THE POWER OF ATTORNEY OF |
|---|---|---|---|---|
| EXHIBIT P2 | TRUE THE |
PHOTOCOPY PETITIONER |
OF ISSU |
THE BIRTH CERTIFICATE OF ED BY 1ST RESPONDENT |
| EXHIBIT P3 | TRUE LEAV |
PHOTOCOPY ING CERTIFI |
O CATE |
F THE SECONDARY SCHOOL OF THE PETITIONER |
| EXHIBIT P4 | TRUE ISSU |
PHOTOCOPY ED BY THE H |
OF EAD |
THE TRANSFER CERTIFICATE INSTITUTION. |
| EXHIBIT P5 | TRUE PASS |
PHOTOCOPY PORT |
O | F THE RELEVANT PAGE OF |
| EXHIBIT P6 | TRUE THE 1ST |
PHOTOCOPY PETITIONER RESPONDENT |
OF DA THRO |
THE REQUEST PREFERRED BY TED 23.7.2020 BEFORE THE UGH HER BROTHER |
| EXHIBIT P7 | TRUE ISSU |
PHOTOCOPY ED BY 1ST R |
OF ESPO |
THE RECEIPT OF ACCEPTANCE NDENT |
| EXHIBIT P8 | TRUE RESP |
PHOTOCOPY ONDENT DATE |
OF D 4. |
THE REPLY GIVEN BY THE 1ST 8.2020 |
2 issues framed by the court
Was the rejection of the petitioner's application for correction of date of birth in the Birth Register valid?
Should the competent authority consider the correction application afresh after holding an enquiry under the Act and Rules?
2 provisions across 2 enactments
Emily Angel
Elamkunnappuzha Grama Panchayat
Primary Health Centre, Malipuram
Registrar of Births and Deaths, Elankunnapuzha Grama Panchayat
Sathish Ninan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
