IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY ,THE 11TH DAY OF DECEMBER 2018 / 20TH AGRAHAYANA, 1940 WP(C).No. 38623 of 2018 PETITIONER/S:

LIZY THOMAS AGED 59 YEARS W/O K.G.DANIEL UMMEN, GRACE BUNGLOW, PANNIVIZHA, ADOOR P.O., PATHANAMTHITTA, PIN-689 694 NOW RESIDING AT RENI BHAVANAM, ODANAVATTOM, KOTTARAKKARA-691 512.

BY ADVS.

SRI.MATHEW KURIAKOSE SRI.J.KRISHNAKUMAR (ADOOR)

RESPONDENT/S:

1 THE SECRETARY & REGISTRAR OF BIRTHS AND DEATHS ADOOR MUNICIPALITY, ADOOR, PATHANAMTHITTA DISTRICT, PIN-689 694.

2 THE CHIEF REGISTRAR OF BIRTHS AND DEATHS (KERALA)

(THE DIRECTOR OF PANCHAYAT), DIRECTORATE OF PANCHAYATS, MUSEUM P.O. THIRUVANANTHAPURAM-695 003.

OTHER PRESENT:

SRI.K.SHAJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

11.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ALEXANDER THOMAS, J. - - - - - - - - - - - - - - - - - - - - -

W.P.(C)No.38623 OF 2018 - - - - - - - - - - - - - - - - - - - - - - - - - -

Dated this the 11th day of December, 2018

JUDGMENT

The petitioner is aggrieved by the impugned decision of the first respondent Registrar of Births and Deaths rendered as per Ext.P19 proceedings dated 9.8.2018 whereby the request for correction of date of birth in Ext.P10 has been rejected.

2. The prayers in the above Writ Petition (Civil) are as follows :

“i. Call for the records and issue a writ of certiorari or any other writ order or direction quashing Exhibit P19 order dated

09.08.2018 issued by the 1^st respondent.

ii. Issue a writ of mandamus or any other writ order or direction commanding the 1^st respondent to correct the entry as regards the date of birth of the petitioner in the Registrar of Birth kept in Adoor Municipality so as to correct the date of birth of the petitioner as

10.01.1959 instead of 17.09.1958;

iii. Issue a writ of mandamus or any other writ order or direction directing the 2^nd respondent to give permission if required to the 1^st respondent to effect correction of the entry as regards the date of birth of the petitioner in the Register of Birth kept in Adoor Municipality so as to correct the date of birth of the petitioner as 10.01.1959 instead of 17.09.1958;

iv. Issue such other appropriate writ, order or direction which this Hon'ble Court may deem fit in the circumstances of the case; and v. Award costs of these proceedings to the petitioner.”

3. Heard Sri.Mathew Kuriakose, the learned counsel for the petitioner and Sri.K.Shaj, the learned counsel appearing for the respondents.

4. The petitioner had submitted Ext.P11 application before the first respondent Registrar of Births and Deaths to correct the entry of the date of birth recorded in the register in relation to Ext.P10 birth certificate as well as the one in Ext.P10 birth certificate and had placed reliance in that regard on Exts.P1 to P9 documents and Exts.P11, P12, P13, P16 and P17 declarations. According to the petitioner he has complied with all statutory requirements and formalities to get the entry in the register of birth corrected as contemplated under Section 15 of the Registration of Birth and Death Act, 1969 and Rule 11 of the Kerala Registration of Birth and Death Rules, 1999. The first respondent Registrar of Births and Deaths had earlier rejected the plea of the petitioner as per Ext.P14 proceedings which was challenged by the petitioner by filing W.P. (C)No.30817/2017 before this court. This court as per Ext.P15 judgment dated16/7/2018 finally disposed of W.P.(C)No.30817/2017 by setting aside the above said rejection order as Ext.P14 and directed the Registrar of Births and Deaths to grant reasonable opportunity of being heard to the petitioner and then to take a decision on the request made by the petitioner for correction of the date of birth on the basis of the materials made available by the petitioner and the declarations made available before the said Registrar etc. Thereafter the first respondent Registrar has now rejected the plea of the petitioner as per Ext.P19 pro