IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944 WP(C) NO. 26514 OF 2022 PETITIONER SHISSY SEBASTIAN@MARIAMMA AGED 44 YEARS D/O.SEBASTIAN ALIAS DEVASSY, THATHUKUNNEL HOUSE, NERIYAMANGALAM P.O., ERNAKULAM - 686 693.
BY ADVS.
G.HARIHARAN PRAVEEN.H. K.S.SMITHA V.R.SANJEEV KUMAR ANJALY T.A M.V.VIPINDAS RESPONDENTS
1 KAMAKSHY GRAMA PANCHAYATH THANKAMANI, KAMAKSHY P.O., IDUKKI - 685 589 REPRESENTED BY ITS SECRETARY.
2 REGISTRAR OF BIRTH AND DEATHS (ASSISTANT SECRETARY) KAMAKSY GRAMA PANCHAYAT, THANKAMANY P.O., KAMAKSHY, IDUKKI - 685 589.
3 THE CHIEF REGISTRAR (DIRECTOR OF PANCHAYAT)
SWARAJ BHAVAN, GROUND FLOOR, NANDANCODE, KAWDIAR, THIRUVANANTHAPURAM - 695 003.
4 STATE OF KERALA DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
REPRESENTED BY ITS SECRETARY.
BY ADV SHRI.JOICE GEORGE, SC, KAMAKSHI GRAMA PANCHAYAT SRI.SYAMANTHAK B S, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J U D G M E N T
Dated this the 31st day of August, 2022 The petitioner, who is the daughter of Sebastian alias Devassy, has filed this writ petition seeking to quash Ext.P17 order dated 07.07.2022 and to direct the 1st respondent to reconsider the request made by the petitioner for correction of her Date of Birth and the name of her father taking notice Ext.P16 Certificate issued by the Village Officer as well as taking note of the Date of Birth entered in the first page of SSLC Book as evidenced by Ext.P11.
2. The petitioner states that the Date of Birth of the petitioner is 30.05.1978 and the name of the petitioner's father is Sebastian. The Date of Birth of the petitioner and the name of her father are correctly shown in Ext.P11 SSLC Book, Ext.P8 Passport and Ext.P9 Aadhaar Card and in all other official documents. But, when the petitioner applied for a Birth Certificate, it was noted that the petitioner's Date of Birth is erroneously recorded as 25.05.1978 and the name of the petitioner's father is wrongly recorded as 'Devassia'. The petitioner's father is also known as Devassia. Therefore, the petitioner approached the Revenue Authorities and obtained Ext.P16 One and the Same Certificate certifying that Devassia and Sebastian is one and the same person who is the father of the petitioner.
3. The grievance of the petitioner is that in spite of all the overwhelming evidence regarding the Date of Birth and name of the petitioner's father, the Panchayat Authorities have rejected the application for correction in the Date of Birth Register, as per Ext.P17. Ext.P17 is illegal and cannot stand the scrutiny of law, contends the petitioner.
4. Standing Counsel for respondents 1 and 2 entered appearance and resisted the writ petition. Standing Counsel controverted all the allegations made by the petitioner in the writ petition. On behalf of respondents 1 and 2, it is submitted that the Birth Certificate is the first document where the Date of Birth of a Citizen is recorded. In the petitioner's case, the Date of Birth is recorded as 25.05.1978. The petitioner has failed to produce sufficient proof to establish that the Date of Birth of the petitioner is 30.05.1978. The Baptism Certificate produced by the petitioner cannot be treated as an authentic record evidencing the actual Date of Birth of the petitioner. Similarly, the petitioner has not produced any documents to establish that the petitioner's father's name is Sebastian. In the circumstances, the writ petition is devoid of any merit, contended the Standing Counsel for respondents 1 and 2. 5. I have heard the learned counsel for the petitioner, the learned Standing Counsel representing respondents 1 and 2 and the learned Government Pleader representing respondents
3 and 4.
6. In Ext.P11 SSLC Certificate, the Date of Birth of the petitioner is shown as 30.05.1978. In Ext.P8 Passport also, the petitioner's Date of Birth is shown as 30.05.1978. In both the documents, the petitioner's father's name is recorded as Sebastian. Ext.P9 Aadhaar Card of the petitioner would also show that the petitioner's Date of Birth is 30.05.1978.
7. The Panchayat Authorities have rejected the request of the petitioner for change of name of the petitioner's father on the ground that the petitioner has not produced any document to show that Sebastian is her father. It is to be noted that the petitioner has approached the Revenue Authorities and has obtained Ext.P16 One and the Same Certificate issued by the Village Officer certifying that Sebastian who is the father of the petitioner is the same person as described as Devassia.
8. In view of the overwhelming evidence, it is only to be concluded that the petitioner's Date of Birth is 30.05.1978 and the name of the petitioner's father is Sebastian. This Court finds respondents 1 and 2 were not justified in rejecting the application submitted by the petitioner for correction of Date of Birth and father's name in the Birth Register.
The writ petition is therefore
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