IMPORTANT POINT
The denial of a birth registration application was found to violate fundamental rights due to improper inquiry and failure to consider supporting affidavits.

JUDGMENT :

The 1st petitioner is the daughter of the 2nd and 3rd petitioners. The petitioners are the residents of Kottarakara at Kollam District. The case of the petitioners is that, when the 3^rd petitioner, visited the residence of one of her relatives, who was residing in Ward No.7 of 1^st respondent Grama Panchayath, she gave birth to a child, the 1^st petitioner herein, before the 3rd respondent could be taken to the hospital and without any medical assistance. Therefore, the 2^nd petitioner intimated the fact of birth of the 1^st petitioner to the 2^nd respondent, the Secretary to the 1^st respondent Panchayath as evidenced by the Ext.P2, and requested for issuance of a birth certificate. However, the said application was rejected by the 2^nd respondent as per Ext.P3 order on the reason that, after an inquiry conducted by the Superintendent, CHC Mayyanad, it was reported that, there is no evidence that the 1^st petitioner was born in the House No.169 within the jurisdiction of Ward No.7 of the 1^st respondent Panchayath as claimed by the petitioners and the petitioners are also not residing within the residence referred above. This writ petition is submitted by the petitioners in such circumstances seeking the following reliefs:-

i) to issue a Writ of certiorari quashing Ext.P3 communication issued by the 2nd respondent as letter No. A5.4552/2021 as it is violative of Article 14, 19 and 21 of the Constitution of India,

ii)to issue an order or direction declaring that denial of registration of birth by the 2nd respondent is violative of Article 21 of the fundamental rights of the 1^st petitioner,

iii) to issue Mandamus or order or direction to the 2nd respondent to register the birth of the 1st petitioner and issue birth certificate as per Kerala Registrar of Births and Deaths Rules, 1999.

iv) to issue an order or direction to the 3rd respondent to take a decision on Ext P4 expeditiously as possible within a time frame as may be fixed by this Hon'ble Court

v) to issue and order or direction to dispense with translation of documents in vernacular language produced as Exhibits in the writ petition,

vi) to issue such other appropriate Writ, Order or direction as is deemed just and necessary in the circumstances of the case.

2. A counter affidavit was filed by the 1st and 2nd respondents wherein they have reiterated the contents of Ext.P4. The respondents also produced a report of the Superintendent CHC Mayyanad wherein it is reported that, in his inquiry, he could not collect any evidence regarding the birth of 1^st petitioner in the residence No. 169 in Ward No.7 of Mayannad Grama Panchayath. The 3^rd respondent Municipality also filed a statement stating that no document are available with them regarding the registration of birth of the 1^st petitioner.

3. I have heard Smt. S.K.Adhithyan, the learned counsel for the petitioner, Sri M.R Sasith the learned standing counsel appearing for the 1^st and 2^nd respondents and Sri.M.K. Chandramohan Das the learned standing counsel appearing for the 3^rd respondent.

4. The challenge raised in this writ petition is against Ext.P3 order passed by the 2^nd respondent rejecting the request made by the 2^nd petitioner to register the birth of the 1^st petitioner. The specific case of the petitioners is that, the birth of the 1^st petitioners took place in House No.169 in Ward No.7 of Mayyannad Panchayath where the relatives of the petitioners are residing. According to them, the delivery of the child was while the 3^rd respondent made a visit in the said residence and as delivery took place before she could be taken to the hospital, there are no medical records to indicate the same. However, the learned counsel for the petitioner produced affidavits of two persons including the residence of the house referred to above, situated within the jurisdiction of Mayyannad Panchayath where the birth took place. The copies of the said affidavits are produced along with IA 2/204 as Exts. P5 and P6.

5. As per Section 8(1) of the R