AntonyDominic, J. -

1st respondent in WP(C) No.22222/2010 is the appellant.

2. 1st respondent herein is the father of Mr.Joshwa Thomas Jacob, who was born at Pulinkunnu on 1/9/1981. Based on the report of birth made by Dr.Murali Krishnan of St.Reethas Hospital, his date of birth was registered by the appellant. According to the 1st respondent, for the purpose of applying for a green card in the United States of America, his son wanted a birth certificate from the appellant, and therefore, on an application made by him, a birth certificate was issued. From the certificate, it was found that the name was recorded as Joseph Thomas Jacob and the date of birth was wrongly recorded as 8.9.1981.

3. Thereupon, on behalf of his son, 1st respondent submitted Ext.P5 application to the appellant requesting him to correct the date of birth from 8/9/1981 to 1/9/1981. He also applied for correction of the name of his son from Joseph Thomas Jacob to Joshwa Thomas Jacob. By Ext.P7 order, the appellant allowed correction of name but declined to correct the date of birth. That order was challenged before this Court in WP(C) No.3154/2010 and by Ext.P8 judgment, this Court directed reconsideration of the application duly adverting to the documents produced by the 1st respondent. It was directed that fresh orders will be passed within 4 weeks. It is to be mentioned here that the documents which were produced by the 1st respondent to substantiate his claim were Ext.P1 baptism certificate, Ext.P2 SSLC Book and Ext.P3 copy of the passport of his son, which showed his son's date of birth as 1/9/1981.

4. Pursuant to the directions in Ext.P8 judgment, the appellant reconsidered the request and Ext.P11 order was issued rejecting the application for correction of date of birth. The relevant portion of the translated copy of Ext.P11 reads as under:-

As per the order of the Hon'ble High Court cited as ref.1 above it was requested before the Chief Registrar of Births and Deaths for permission to correct the date of birth of Joshwa Jacob T vide ref no.2 above. But the Chief Registrar had instructed to take decision after conducting an enquiry in the hospital as per ref (3) cited above. Enquiry regarding this was conducted earlier. The report of the birth taken place in St.Reethas Hospital was made by Dr.Murali Krishnan of the said hospital. As per the circular No.B 2815/2007 dated 20.3.2007 of the Director of Panchayath/Chief Registrar of Births and Deaths it was required that a letter from the hospital regarding correction of its report along with copy of the gynec register recording the correction of the date was to be obtained. But the said hospital is not functioning now. Hence it is not possible to obtain the records and make necessary correction in the certificate of birth and it is informed accordingly.

5. It is in the aforesaid circumstances the 1st respondent filed the writ petition with the following prayers:-

(i) issue a writ of certiorari or any other appropriate writ, order or direction quashing Ext.P11.

(ii) issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to make correction of date of birth in the birth register of the petitioner's son Joshwa Thomas Jacob as 1/9/1981 and issue certificate with corrected name and date of birth to the petitioner.

6. By the judgment under appeal, the learned Single Judge of this Court disposed of the writ petition with the following directions:-

5. I accordingly allow the writ petition, quash Ext.P11 and direct that in the event of the petitioner and his wife (parents of Sri.Joshwa Thomas Jacob) submitting a joint declaration in the form of an affidavit attested by a notary to the effect that their son, Joshwa Thomas Jacob, was born on 1.9.1981 and not on 8.9.1981, the Registrar of Births and Deaths shall make necessary entries to be made in the Register of Births and Deaths to the effect that the date of birth of Joshwa Thomas Jacob stands