SHYMOL A C Vs. KOTTUVALLY GRAMA PANCHAYAT

JUDGEMENT

(1.) THE petitioner has filed this writ petition aggrieved by Ext.P8 order passed by the second respondent declining to change her name from Shanimol.C. to Shymol.A.C. in the Register of Births. THE petitioner was born on 22.9.1981. Her birth was registered upon intimation being furnished from Government Hospital, Koonammavu where she was born. Initially, the name of the petitioner was not entered in the Register of Births. Later, on an application made by her parents, the name of the petitioner was entered as Shanimol.C. in the Register of Births. However, when the petitioner was admitted to the St.Joseph's Government High School, Koonammavu, her name was given as Shymol.A.C. THE said name was adopted for all purposes as can be seen from Ext.P3 Electoral Identity Card and Ext.P4 Passport. It is stated that the petitioner's husband is employed in Italy and she wants to emigrate to Italy. For emigrating to Italy, she has to produce the certified extract from the Register of Births to enable her to get a Visa. When she took steps to get a certified extract from the Register of Births, she noticed that her name is entered as Shanimol.C in the Register of Births. THE petitioner thereupon submitted an application before the second respondent, requesting for correction of her name in the Register of Births. That application was rejected by Ext.P8 order dated 6.8.2010 on the ground that as her name was entered in the Register as Shanimol.C., in exercise of the power conferred on the Registrar under section 14 of the Registration of Births and Deaths Act, 1969 at the instance of her parents, her name cannot be altered. THE petitioner contends that the Registrar of Births and Deaths has failed to exercise the power vested on him under section 15 of the Registration of Births and Deaths Act 1969 and rule 12 of the Registration of Births and Deaths Rules, 1970, by rejecting her application for correction of her name.

(2.) THE respondent has filed a counter affidavit. Relying on a circular issued by the Chief Registrar of Births and Deaths it is contended that the petitioner's request for correction of name was impermissible. It is now well settled by a series of decisions of this Court including the decision of a Division Bench of this Court in Chalakudy Municipality v. Malavika (2009 (4) KLT 714) that the Registrar of Births and Deaths is empowered to correct wrong entries in the Register of Births. THE Division Bench after noticing the provisions of the Act and the Rules, held as follows:-