IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 3^RD DAY OF JUNE 2024 / 13TH JYAISHTA, 1946 WP(C) NO. 19190 OF 2024 PETITIONERS:

1 ANNAMMA VARGHESE AGED 62 YEARS W/O SAMUEL VARGHESE, KAVILAYIL HOUSE, ANGADICKAL NORTH P.O, ANGADICKAL, ADOOR, PATHANAMTHITTA, PIN - 689648

2 BENNY S VARGHESE AGED 38 YEARS S/O SAMUEL VARGHESE, KAVILAYIL HOUSE, ANGADICKAL NORTH P.O,ANGADICKAL, ADOOR, PATHANAMTHITTA, PIN – 689648 BY ADVS.

MANSOOR.B.H.

SAKEENA BEEGUM RESPONDENTS:

1 PANDALAM MUNICIPALITY MUNICIPAL OFFICE, PANDALAM, REPRESENTED BY ITS SECRETARY, PIN - 689501

2 REGISTRAR OF BIRTHS AND DEATHS PANDALAM MUNICIPALITY, PANDALAM, PIN – 689501 SMT.T.S. MAYA, STANDING COUNSEL, R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT Dated this the 3^rd day of June, 2024 The petitioners seek correction of date of birth in the Birth Certificate maintained by the Municipality.

2. According to the petitioners, Ext.P1 Birth Certificate shows the 2^nd petitioner’s date of birth as 12.12.1986, whereas the 2^nd petitioners’ actual date of birth is 13.12.1986. In all official records, the 2^nd petitioner’s date of birth is shown as 13.12.1986. The erroneous date of birth recorded in Ext.P1 Birth Certificate would put the 2^nd petitioner to untold hardship.

3. Therefore, the 2^nd petitioner submitted an application for correction of date of birth. The said application stands rejected as per Ext.P9 communication of the Municipality. In Ext.P9, the Registrar of Births and Deaths has informed the 2^nd petitioner that since the official records from the Hospital where birth has taken place is not produced, the Birth Certificate cannot be corrected in view of Circular dated 10.05.2017 of the Chief Registrar. The 2^nd petitioner challenges Ext.P9 on various grounds.

4. Standing Counsel entered appearance on behalf of the Municipality and resisted the writ petition. The Standing Counsel submitted that the Government has issued a Circular dated 10.05.2017 under which the correction of date of birth in the Birth Certificate can be done only on the basis of certificates obtained from the Hospital concerned, where the birth took place. The 2^nd petitioner’s is a case where the Hospital where the 2^nd petitioner took birth is still existing. The 2^nd petitioner has failed to produce clinching documents to show that his date of birth is 13.12.1986. Therefore, the writ petition is liable to be dismissed.

5. The Standing Counsel further urged that the

2^nd petitioner ought to have made an application for date of birth through the online portal ‘K-smart’. The 2^nd petitioner has not applied online. For that reason also, the application cannot be entertained.

6. Heard the learned counsel for the petitioners and the learned Standing Counsel representing the Municipality.

7. It is evident from the pleadings that in Ext.P2 SSLC Book, Ext.P3 Aadhaar Card, Ext.P4 PAN Card, Ext.P5 Driving Licence and in Ext.P6 Passport, the 2^nd petitioner’s date of birth is recorded as 13.12.1986. Ext.P1 Birth Certificate alone shows a different date of birth as 12.12.1986. The difference in the date of birth is only one day. If the 2^nd petitioner has taken birth during the midnight time, it can happen that the Hospital authorities have erroneously recorded the date of birth as 12.12.1986. The 2^nd petitioner has approached the Hospital and the Hospital has issued Ext.P8 Certificate of Non-availability of Records. Merely because the Hospital has failed to maintain the official records, the 2^nd petitioner need not be condemned to suffer.

8. Taking into consideration the entire facts of the case and especially the fact that the difference in the date of birth sought to be corrected is only one day and taking into consideration the fact that in all official documents from Exts.P2 to P6, the date of birth of the 2^nd petitioner is correctly shown, I am of the view that the writ petition can be disposed