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2012 Supreme(Ker) 778

K.SURENDRA MOHAN
M. D. Francis – Appellant
Versus
Aluva Municipality Represented By Its Secretary – Respondent


Advocates appeared:
For the Petitioners:G.P. Shinod, G. Ram Mohan, V. Manu, Advocate.
For the Respondents:V.M. Kurian, Advocate.

Judgment :

1. This writ petition is filed challenging the refusal of the third respondent to correct the name of the second petitioner in the Birth Register maintained by the first respondent. The name of the second petitioner is entered in the Birth Register as 'Shanal Francies'. According to the petitioners the name has subsequently been changed to 'Shaan Francis', by publication in the Government Gazette, as per Ext.P1. The Gazette notification specifically refers to the Birth Certificate of the petitioner also. However, the petitioner's Birth Certificate Ext.P2 continues to show the second petitioner's name as 'Shanal Francies'. Therefore, the first petitioner submitted Ext.P4 application for correction of the name of the second petitioner supported by Ext.P5 affidavit. It is complained that no orders have been passed thereon till date.

2. According to the petitioners, the refusal of the third respondent to make the correction that is sought for by the petitioners is uncalled for and is liable to be corrected in exercise of the jurisdiction of this Court under Art.226 of the Constitution.

3. A counter affidavit has been filed on behalf of the respondents. It is contended that th
















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