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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN
Abhilash Antony, S/o. Late Antony – Appellant
Versus
Registrar Of Birth And Death Secretary, Udayagiri Grama Panchayath – Respondent
JUDGMENT :
P.V.KUNHIKRISHNAN, J.
The above writ petition is filed with following prayers :
i. “Call for the records leading to Exhibit-P9 order and issue as writ in the nature of certiorari quashing the said order;
ii. Issue a writ in the nature of mandamus directing the respondent to take an appropriate decision on Exhibit-P1 application in accordance with Section 15 of the Registration of Births and Deaths Act, 1969, and Rule 11 of the Kerala Registration of Births and Deaths Rules, 1999, within a period to be determined by this Hon’ble Court.
iii. Declare that the respondent is competent to correct an entry in the “Birth Register” if the same is proved as erroneous or improper, if the Registrar is satisfied with the affidavits sworn as per Rule 11(2) of the Kerala Registration of Births and Deaths Rules, 1999, particularly in the light of the judgment dated 6-10-2022 in W.P (C) No.31315/2022.
iv. Declare that the “date of birth” of the petitioner is 1- 2-1988 and that the “place of birth” of the petitioner is Karthikapuram.
v. Grant such other order or direction as this Hon’ble Court may deem fit and necessary, in the facts and circumstance of the case. “ [sic]
2. According to the petit
The Registrar has a statutory duty under S.15 of the Registration of Births and Deaths Act, 1969, to correct erroneous entries in birth registers upon the production of credible evidence and a formal....
The legal provision allows correction of errors in the birth register, including the date of birth, under Section 15 of the Registration of Births and Deaths Act, 1969 read with Rule 11 of the Kerala....
The Registration of Births and Deaths Act allows for correction of records based on public documents, without prohibiting necessary amendments.
No statutory restriction on the correction of birth certificates if supported by bona fide records.
A birth certificate registered pursuant to a judicial decree cannot be amended by administrative authorities unless the underlying decree is modified or set aside by a competent court.
The legal framework under Section 15 of the Registration of Births and Deaths Act, 1969 and Rule 11 of the Gujarat Registration of Births and Deaths Rules, 2004 empowers the authorities to make corre....
Statutory provisions override circulars, and authorities must initiate necessary inquiry as per the relevant legal provisions for correcting birth certificate entries.
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