ANAND P Vs. KARUNAGAPPALLY MUNICIPALITY

JUDGEMENT

(1.) The writ petition is filed seeking to quash Ext. P5 order and for a direction commanding the 2nd respondent to issue a Birth Certificate to the petitioner in the name of Anand instead of Kiran P. alias Anand P. on the basis of Ext. P1 Gazette notification dated 29/04/2005 with in the time fixed by this Hon'ble Court.

(2.) The petitioner is a minor represented by his mother. The petioner submitted an application before the 2nd respondent for issuing a birth certificate in the name of the petitioner. The petitioner submits that in the birth certificate issued by the 2nd respondent name of the petitioner is mentioned as Kiran P. alias Anand P. Instead of Anand P. Ext. P3 is the copy of the representation. Petioner is studying in S. N. Central School, Karunagappally. Petitioner's father is working at USA. Petitioner had applied for Education Visa. Ext. P1 is the Gazette notification dated 24/09/2005 produced would show that the petitioner will be known by name Anand P. only. In Ext. P2 birth certificate his name was mentioned as Kiran P. alias Anand P. Petitioner submits that the name of the petitioner requires correction in the birth certificate and that the corrected certificate is to be submitted before the U.S. Consulate in Chennai in connection with the issuance of Education Visa to USA. The application was rejected by the 2nd respondent by Ext. P5 order dated 07/10/2011 on the ground that as per Clause 7.6 and 7.10 of Birth Death Registration circular No. Bi - 20741/2009 dated 08/12/2010 issued by the Directorate of Panchayat, the name of the child as well as the parent entered in birth register cannot be corrected.

(3.) The learned counsel for the petitioner pointed out that S.15 of the Registration of Births and Deaths Act, 1969, allows the Registrar to correct the wrong entries made in the birth register. The 1st respondent has the authority to correct an improper entry made in the birth register and corresponding entry in the birth certificate.