JUDGMENT

Petitioner has approached this Court with the following prayers:

“i) To issue a writ of mandamus or any other appropriate writ or order directing the 2nd respondent to correct the date of birth of the petitioner as 14/9/1984 instead of 21/9/1984 and the spelling of house name as ‘Malamakkal’ instead of ‘Maluwakkal’

ii) Grant such other reliefs as this Hon’ble Court may deem just and proper in the interest of justice, including costs.”

2. This Petition is directed against the order dated 06.04.2022 Ext.P2 passed by the 2nd respondent – Ayyappan Coil Grama Panchayath in exercise of the power of the Registrar whereby the application of the petitioner for correction of date of birth from 21.09.1984 to 14.09.1984 has been rejected for the reason stated therein.

3. Petitioner is a citizen of India and working in USA for the past few years. Petitioner is stated to have born on 14.09.1984 which fact is evident from the school record, Aadhar card and Baptism Certificate. Since there was a requirement to submit the birth certificate for the purpose of Green Card, approached the second respondent Registrar with aforesaid documents in proof of the correct date of birth, the request was rejected vide Ext.P2 for want of Gyneic Register of the hospital. The Gyneic Register was not available in the hospital and in lieu thereof, the certificate issued by the hospital authorities stating that the mother of the petitioner had delivered a female baby on 14.9.1984, was also submitted.

4. Learned counsel for the respondents submits that it was the duty of the Registrar to correct the birth certificate and has the power to do so. They would not be averse in holding an enquiry and correct the date of birth.

5. I have heard the learned counsel for the parties and appraised the paper book. The order impugned dated 06.04.2022 Ext.P2 reads thus:

“Upon the verification of the Birth Register No.131/1984 maintained in the Panchayat on your application the date of birth of the your, namely, Jeenamol Varghese is seen as 21/09/1984. The date of birth registered in the panchayath records as per the details given by authorized persons of the hospital where your child was born. For making necessary correction in the birth register with regard to the date of birth of your daughter, the same can only be made after verifying the Gyneic register. Hence it is informed that the documents produced by you was not in force at the time of the birth of your daughter and the necessary corrections with regard to the date of birth of your daughter cannot be effected in the Birth Register.”

6. It would be appropriate to extract Section 15 and Rule 11 of the Act:

Section 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 the State Government with respect to the conditions on which and the circumstances in which such entries may 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.

Rule 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 canceling the entry) as provided in Section 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 deat