SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 11963

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
PAVITHRA.B – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 20799 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.K.SIJU, SHRI.S.ABHILASH, SMT.ANJANA KANNATH, SMT.SAFNA P.S., SHRI.GAUTHAM SIJU
For the Respondents: SRI.S.SREEKUMAR (KOLLAM), SMT.PREETHA K K

The court established the necessity of correcting official records based on valid evidence to ensure accuracy and integrity in personal identification.

Headnote:Statute Analysis: The relevant statutes concerning birth certificates and their corrections, as governed by local self-government regulations, were applied. Facts of the Case: The petitioner sought correction of her father’s name in the birth certificate, initially applied for by her mother, which was rejected by the local authority citing inconclusive evidence.

Findings of Court:
The court found that correct evidence was subsequently provided and that the Corporation must reconsider the correction request.

Issues: The main issue was whether the name on the birth certificate could be corrected based on valid evidence showing the identity of the name.

Ratio Decidendi: The court emphasized that the evidence should dictate the correction of the records, stating, ‘the Corporation can reconsider the matter.’

Result: Ext.P9 is set aside and the 4th respondent is directed to act within 30 days.

Table of Content
1. petition for correction of birth certificate. (Para 1 , 2)
2. hearing and arguments presented. (Para 3)
3. court’s directive for action based on evidence. (Para 4)

JUDGMENT

The above writ petition is filed with following prayers :

i. “To call for records leading to Ext.P9 and to quash the same by issuing a writ of certiorari.

ii. To issue a writ of mandamus commanding the 4th respondent to take necessary action to correct the petitioner’s father’s name in the birth certificate as ‘Ashok Kumar.B’ and to issue corrected Birth Certificate in a time bound manner.

iii. To pass such other reliefs as this Hon’ble Court may deem fit and proper in the circumstances of the case.” [sic]

2. The petitioner's mother had approached the

4th respondent by application dated 20.01.2023 for correction of petitioner's father's name as 'Ashok Kumar B' instead of 'Aryogaraj S'. The petitioner's father's name was entered in all records as 'Ashok Kumar B' except in the birth certificate is the submission. Due to the mistake in the Birth Certificate, a wrong entry was made in the school records also is the submission. Now, the petitioner completed Plus Two and attained her majority. She wants to pursue her studies and due to the mistake in the Birth Certificate, she is facing difficulty is the submission. The application submitted by her mother on 20.01.2023 was rejected on the same day stating that in their local enquiry, they are not convinced that 'Ashok Kumar B' and 'Aryogaraj S' are one and the same. The petitioner's mother had subsequently produced Ext.P8 certificate from Tahsildar, but no action was taken is the contention. Hence, this writ petition.

3. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the 4th and 5th respondents.

4. This Court perused Ext.P9. A perusal of Ext.P9 would show that the application was filed on 20.01.2023 and on the same day, it is rejected. The reason stated in Ext.P9 is that in the local enquiry, it is not found that 'Ashok Kumar B' and 'Aryogaraj S' are one and the same person. But, now Ext.P8, one and the same certificate is issued by the competent authority, which shows that 'Ashok Kumar B' and 'Aryogaraj S' are one and the same. In the light of the same, the Corporation can reconsider the matter. Therefore, Ext.P9 can be set aside and in the light of Ext.P8, necessary orders will be passed by the Corporation.

Therefore, this writ petition is disposed of with the following directions : 1) Ext.P9 is set aside.

2) The 4th respondent is directed to reconsider the matter and do the needful, in the light of Ext.P8 as expeditiously as possible, at any rate, within 30 days from the date of receipt of a certified copy of this judgment.

Sd/-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top