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2025 Supreme(Online)(Ker) 12672

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
DAISSAMMA VARGHESE – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
BIMALA BABY, JASMINE LIGY, MAGI PAVITHRAN, ROSHAN SHAJI

JUDGMENT

The writ petition is filed to direct the third respondent to issue a non-availability certificate of birth, expeditiously.

2. The petitioner was born on 14.05.1967 within the jurisdiction of the second respondent Municipality. However, the petitioner’s birth has not been registered with the Municipality due to her parent’s ignorance. Exts.P1 to P6 documents prove that the petitioner was born on 14.05.1967. On 16.07.2024, the petitioner made an application before the third respondent for the non- availability certificate of birth. Ext.P7 is the receipt evidencing payment of application fee. The petitioner has submitted all the requisite documents to obtain the certificate as contemplated under the Registration of Birth and Death Act, 1969 . The third respondent has informed the petitioner that they would conduct an enquiry regarding her application before issuing the said certificate. As per Rule 13(3) of the Kerala Registration of (Birth and Death) Rules, 1999, the petitioner is entitled to a non-availability certificate. The Directorate of Panchayath has issued Ext.P14 Circular laying down the procedure to issue a non-availibity certificate. In P. Shivagami vs. State of Ker

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