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

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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

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first respondent Registrar has now rejected the plea of the petitioner as per

Ext.P19 proceedings dated 9.8.2018, in this regard it is relevant to note that the

petitioner was born much prior to the coming into force of the Registration of

Birth and Death Act, 1969 ( Central Act No.18 of 1969). At the time of the

petitioner's birth, the provisions of the Travancore Cochin Registration of Births

and Deaths Act, 1953 ( State Act VIII of 1953) was enforced in the Travancore

Cochin areas and the provisions in the Births, Deaths and Marriages

Registration Act, 1886 ( Central Act VI of 1886) was in force in the Malabar

areas concerned. The date of birth of the petitioner shown in Ext.P10 birth

certificate is 17.9.1958. Ext.P10 birth certificate has been registered in

accordance with the provisions of Section 13 of Travancore Cochin Registration

of Births and Deaths Act, 1953 ( State Act VIII of 1953). The main ground of

rejection taken by the first respondent Registrar of Births and Deaths in the

impugned Ext.P19 rejection order is that as the petitioner's birth has been

registered not under the Registration of Bi