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2021 Supreme(Ker) 777

N.NAGARESH
Indira Sumathi – Appellant
Versus
Registrar of Births and Deaths – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M. Balagovindan, S. Sudarsana Babu & A. Anoop
For the Respondent: M.R. Sasith & Government Pleader (Manu Raj)

JUDGMENT :

The petitioner seeks to direct the respondents to issue a non-availability certificate of birth pertaining to the petitioner under Section 17(4) of the Registration of Births and Deaths Act within a time limit fixed by this Court.

2. The case of the petitioner in short, is as follows:

    The petitioner is the mother of Sanju Sadanandan who was born on 29.05.1982. The petitioner delivered the child at her home. His date of birth in the School Admission Register is 29.05.1982. In the Passport, Driving licence and Election Commission identity card, the date of birth is shown as 29.05.1982. As the petitioner’s son wanted to renew his passport, a certificate from the office of Births and Deaths Registrar became necessary.

3. The petitioner submitted an application on 13.01.2020. The petitioner was informed that there is a birth recorded by Thiruvananthapuram Corporation in respect of a child with the same names of the mother and father, but with a different date of birth. The said registration is disclosed by Ext.P5. The petitioner filed Ext.P7 affidavit before the 1st respondent stating that her son was born on 29.05.1982 at home in Chirayinkeezhu. In Ext.P5 Birth Certificate, it

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