JUDGMENT

The petitioner had applied for correction of his date of birth from 13.3.1955 to 30.11.1954. Initially, the application was rejected by the Municipality stating that the delay in applying has not been explained. The petitioner had filed W.P.(C)No.6596 of 2021 before this Court which was disposed of by Ext.P11 judgment dated 7.4.2021 directing the 2nd respondent to consider the application submitted by the petitioner in the light of the public documents like the entries in the SSLC book, electoral ID card Aadhaar card, Indian passport and PAN card issued to the petitioner. The Municipality had filed a review petition against the judgment and as per Ext.P13 judgment this Court had disposed of the review petition finding that the anxiety expressed by the respondents that they would be flouting the circular of the Registrar is unfounded. This Court categorically held that the delay has already been properly explained by the petitioner and that the circular issued by the Chief Registrar is only for the purpose of ensuring that unwanted delayed applications are not entertained by the subordinate officers.

2. The 2nd respondent has thereafter issued Ext.P14 wherein it is stated that there is a disparity between the dates regarding the date of birth of the petitioner and the other children born to his parents, in the details submitted by the petitioner. The reason stated for rejecting the application is that the attempt of the petitioner is to make the entries in the birth register correspond to the date in the school certificate.

3. A counter affidavit has been filed by the respondents wherein it is stated that none of the date of births given by the petitioner regarding his siblings tally with the date of births entered in the birth register of the Cherthala Municipality. Section 15 of the Registration of Births and Deaths Act, 1969 provides that if it is proved to the satisfaction of the Registrar that any entry of a birth or death in any register kept by him under the Act is erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such rules as may be made by the State Government with respect to the conditions on which and the circumstances in which such entries may be corrected or cancelled, correct the error or cancel the entry by suitable entry in the margin, without any alteration of the original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation. Rule 11 of the Registration of Births and Deaths Rules, 1999 reads thus;

“11. Correction or cancellation of entry in the register of births and deaths - (1) If it is reported to the Registrar that a clerical or formal error has been made in the register or if such error is otherwise noticed by him the Registrar shall enquire into the matter and if he is satisfied that any such error has been made, he shall correct the error (by correcting or cancelling the entry) as provided in section 15 and shall send an extract of the entry showing the error and how it has been corrected to the State Government or the officer specified by it in this behalf.

(2) If any person asserts that any entry in the register of births and deaths is erroneous in substance, the Registrar may correct the entry in the manner prescribed under section 15 upon production by that person a declaration setting forth the nature of the error and true facts of the case made by two credible persons having knowledge of the facts of the case.

(3) Notwithstanding anything contained in sub-rule (1) and sub-rule (2) the Registrar shall make report of any correction of the kind referred to therein giving necessary details to the State Government or the officer specified in this behalf.

(4) If it is proved to the satisfaction of the Registrar that any entry in the register of births and deaths has been fraudulently or improperly made, he shall make a report giving necessary details to the officer authorised by the Chief Registrar by genera