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2023 Supreme(Ker) 587

MURALI PURUSHOTHAMAN
Tony Francis Padiyappuram – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : P.JINISH PAUL, SNEHA V.
For the Respondent: T.N Manoj, ABHILASH M.J., G.P. SRI. SREEJITH.

JUDGMENT :

The petitioner, a quinquagenarian, applied for birth certificate before the Registrar of Births and Deaths, Kattoor Grama Panchayat /3rd respondent for the purpose of Green Card application in United States of America, to join his family.

2. According to the petitioner, he was born on 27.05.1966. However, his birth was not registered with the concerned Panchayat. The date of birth of the petitioner entered in his S.S.L.C. Certificate (Ext.P2), Aadhaar card (Ext.P3), Passport (Ext.P4), PAN Card (Ext.P5) and driving licence (Ext.P6) is 27.05.1966. However, in the baptism certificate, his date of birth is entered as 27.10.1965.

3. Section 13 (3) of the Registration of Births and Deaths Act, 1969 provides that if the birth is not registered within one year of its occurrence, the same shall be registered only on an order made by the Revenue Divisional Officer after verifying the correctness of the birth.

4. The Registrar of Births and Deaths, the 3rd respondent, issued Ext.P7 non-availability certificate stating that the birth of the petitioner is not registered in the records of the Panchayat. The Village Officer and the Tahsildar submitted Exts.P8 and P9 reports respectively to

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