AI Structured Summary
Not yet generated for this judgment
Judgment
N. Nagaresh, J
The petitioner has filed this writ petition seeking to quash Exts.P1, P3 and P9 and to direct the 1st respondent to issue a new birth certificate with the date of birth 10.12.1972 instead of 03.01.1973.
The application submitted by the petitioner for correction of date of birth was rejected by the 1st respondent-Registrar of Births and Deaths. The petitioner thereupon approached this Court. This Court, by Ext.P8 judgment in W.P.(C) No.18934/2020, directed the Municipality to take a fresh decision in the matter after adverting to Secondary School Certificate of the petitioner within a period of one month. Pursuant to the said direction, though the respondents considered the application, the application was rejected as per Ext.P9 on the ground that the entries in the school certificate were made without producing birth certificate before the educational authorities. It is aggrieved by Ext.P9 that the petitioner has approached this Court.
In this writ petition, the 1st respondent entered appearance and filed counter affidavit. In the counter affidavit, the 1st respondent stated as follows:-
"7. According to Rule 11 of the Kerala Registration of Births and Death Rules, 1999, if any person asserts that any entry in the register of births and deaths is erroneous in substance, the Register may correct the entry in the manner prescribed under Section 15 upon production by that person a declaration setting forth the nature of the error and true facts of the case made by two credible persons having knowledge of the facts of the case.
It is respectfully submitted that the petitioner has not submitted any such declaration prescribed under rule 11(2) of the Kerala Registration of Births and Death Rules, 1999 along with his application. Moreover, circular no.B-15343/2017 dated 10.05.2017 issued by the Chief Registrar (Birth and Death), Thiruvananthapuram, has mandated that the person submitting an application for the correction in his birth details except his name, must submit documents which were in existence at the time of his birth to substantiate the same.
This respondent has not committed any act of contempt of this Hon'ble Court as alleged by the petitioner in paras 6 and 9 of the writ petition. The petitioner ought to have submitted an application along with the declaration of two credible persons and documentary evidence that was in existence at the time of his birth to substantiate his assertion that the date of birth entered in the register is incorrect.
It is respectfully submitted that, if the petitioner makes a fresh application before this respondent in full compliance of law and in the prescribed form, i.e. as per Rule 11(2) of the Kerala Registration of Births and Death Rules, 1999 and circular B-15343/2017 dated 10.05.2017 issued by the Chief Registrar (Birth and Death), Thiruvananthapuram, this respondent as duty bound will consider the same and pass appropriate orders."
The 2nd respondent-Chief Registrar (Births and Deaths) has also filed a counter affidavit. In the counter affidavit filed by the 2nd respondent, it has been stated that as per Rule 11(2) of the Kerala Registration of Births and Deaths Rules, 1999, if any person asserts that any entry in the Register of Births and Deaths is erroneous in substance, the Registrar may correct the entry in the manner prescribed under Section 15 upon production by the person a declaration setting forth the nature of the error and true facts of the case made by two credible persons having knowledge of the facts of the case.
Heard the learned counsel for the petitioner, the learned Standing Counsel appearing for the 1st respondent and the learned Government Pleader representing respondents 2 and 3.
The 1st respondent has stated that if the petitioner makes a fresh application in compliance of the Kerala Registration of Births and Deaths Rules, 1999 and Circular No.B-15343/2017 dated 10.05.2017, they are willing to consider the same and pass appropriate orders.
In view of the stand taken by the 1st respondent, the writ petition is disposed of permitting the petitioner to make a fresh application before the 1st respondent in compliance of the Kerala Registration of Births and Deaths Rules, 1999 and Circular No.B-15343/2017 dated 10.05.2017. If the petitioner makes such an application within a period of two weeks, the 1st respondent shall consider it and pass appropriate orders thereon, within a further period of two weeks.