The petitioner is the father of the pupil, in relation to whom, the Education Department has issued Ext. P1 certificate, which shows the name and date of birth of that pupil. According to the petitioner, Ext.P2 is a copy of the passport issued to his son. Ext.R1(a) shows that the birth of one 'Samal' on 17.8,1983 is registered on 26.8.1983 and on that day itself, a certificate of such registration of birth is issued. The controversy is as to whether the petitioner's son is 'Samal' in Ext.R1(a) and still further, as to whether, if that be so, could the date of birth as disclosed in Ext.R1(a), be corrected. The plea of the petitioner is that he was employed elsewhere in the service of the Indian Army at the time of the birth of his son and his semi-literate brother had furnished details, which would have resulted in any registration, if at all there is one.

2. Going by the counter affidavit of the Municipal authorities, the petitioner had applied for certificate as to non-registration of the birth of his son and he later withdrew it, when faced with the Municipality insisting on the factum of registration as disclosed by Ext.R1(a).

3. The aforesaid would show that there could he controversy as to the identity of the person to whom Ext.R1(a) registration relates. It could also be a case where there is an error in the register in its form and substance.

4. S.15 of the Registration of Births and Deaths Act, 1969, hereinafter referred to as 'the Act' and R.11 of the Kerala Registration of Births and Deaths Rules, 1999, hereinafter, "the Rules", are relevant in this context. They read as follows:

S.15. Correction or cancellation of entry in the register of births and deaths:

If it is proved to the satisfaction of the Registrar that any entry of a birth or death in any register kept by him under this Act is erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such rules as may be made by State Government with respect to the conditions on which and the circumstances in which such entries may he corrected or cancelled, correct the error or cancel the entry by suitable entry in the margin, without any alteration of the original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation.

P.11. Correction or cancellation of entry in the register of births and deaths:

(1) If it is reported to the Registrar that a clerical or formal error has been made in the register or if such error is otherwise noticed by him, the Registrar shall enquire into the matter and if he is satisfied that any such error has been made, he shall correct the error (by correcting or cancelling the entry) as provided in S.15 and shall send an extract of the entry showing the error and how it has been corrected to the State Government or the officer specified by it in this behalf.

(2) 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 S.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.

(3) Notwithstanding anything contained in sub-r. (1) and sub-r. (2) the Registrar shall make a report of any correction of the kind referred to therein giving necessary details to the State Government or the officer specified in this behalf.

(4) If it is proved to the satisfaction of the Registrar that any entry in the register of births and deaths has been fraudulently or improperly made, he shall make a report giving necessary details to the officer authorised by the Chief Registrar by general or special order in this behalf tinder S.25 and on hearing from him, take necessary action in the matter.

(5) In every case in which an entry is corrected or cancelled under this Rule, intimation thereof should be sent to the permanent address of the person who has