K.S. Radhakrishnan, J.

WA No. 134 of 2007 has been preferred by the Registrar of Births and Deaths and W.A.No.205 of 2007 has been preferred by the State of Kerala and the Chief Registrar of Births and Deaths stating that the learned Judge has misinterpreted Circular No. B1-19048/95 dated 27/06/1995 issued by the Director of Panchayats for the purpose of carrying out the correction of date of birth of the second respondent. Counsel appearing for the appellants submitted that the learned Single Judge was not justified in granting a declaration that the date of birth of the second respondent is 14/05/1974 instead of 20/07/1974.

2. First respondent in the appeals is the father of one K. P. Sheena. They have approached this Court seeking a writ of certiorari to quash Ext. P7 order issued by the Registrar of Births and Deaths and also for a declaration that the second respondent's correct date of birth is 14/05/1974 and the entries made in Ext. P1 birth certificate are incorrect and it has to be corrected as 14/05/1974.

3. The Registration of Births and Deaths Act, 1969 is enacted by the Parliament providing for the regulation of registration of births and deaths and for matters connected therewith. S.4 of the Act states that the State Government may by notification in the Official Gazette appoint a Chief Registrar for the State. Sub-s.(2) of S.4 states that the State Government may also appoint such other officers with such designations as it thinks fit for the purpose of discharging under the superintendence and direction of the Chief Registrar, such of his functions as he may, from time to time authorise them to discharge. S.6 states that the State Government may appoint a District Registrar for each revenue district and such number of Additional District Registrars as it thinks fit who shall subject to the general control and direction of the District Registrar, discharge such functions of the District Registrar as the District Registrar may from time to time authorise them to discharge. S.15 of the Act deals with correction or cancellation of entry in the register of births and deaths. The said Section is extracted below for easy reference:

“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 be 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.”

State Government in exercise of the powers conferred under S.30 of the Registration of Births and Deaths Act, 1969 framed Kerala Registration of Births and Deaths Rules, 1970. R.11 which deals with correction or cancellation of entry in the register of births and deaths, is extracted below for easy reference:

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