M.D. FRANCIS Vs. ALUVA MUNICIPALITY

JUDGEMENT

(1.) This Writ Petition is filed challenging the refusal of the third respondent to correct the name of the second petitioner in the Birth Register maintained by the first respondent. The name of the second petitioner is entered in the Birth Register as 'Shaan Francis'. According to the petitioners the name has subsequently been changed to 'Shaan Francis', by publication in the Government Gazette, as per Ext. P1. The Gazette notification specifically refers to the Birth Certificate of the petitioner also. However, the petitioner's Birth Certificate Ext. P2 continues to show the second petitioner's name as 'Shanal Francies'. Therefore, the first petitioner submitted Ext. P4 application for correction of the name of the second petitioner supported by Ext. P5 affidavit. It is complained that no orders have been passed thereon till date. According to the petitioners, the refusal of the third respondent to make the correction that is sought for by the petitioners is uncalled for and is liable to be corrected in exercise of the jurisdiction of this Court under Art. 226 of the Constitution.

(2.) A counter affidavit has been filed on behalf of the respondents. It is contended that the correction that is sought for by the petitioners does not fall within the ambit of the power available to the third respondent under S. 15 of the Registration of Births and Deaths Act, 1969 (hereinafter referred to as the 'Act' for short). S. 15 only contemplates the correction of an erroneous entry. In the present case the name of the second petitioner was entered correctly. The correction has been sought for only because there has been a subsequent change of name, which was consciously made by the petitioners. It is contended that there is no provision for incorporating such changes voluntarily effected. Reliance is also placed on Ext. R3(a) circular dated 8.12.2010 issued by the Registrar of Births and Deaths, Thiruvananthapuram. It is pointed out that as per paragraph 7.10 of the said circular, in cases like that of the second petitioner where a change of name has been voluntarily effected, a Birth Certificate can be issued only showing the original name as entered in the Birth Register as well as the subsequently changed name, in this case as Shanal Francies @ Shaan Francis.

(3.) I have heard Adv. Shinod G.P. who appear for the petitioners as well as Adv. V.M. Kurian who appears for the respondents. I have been taken through the relevant provisions of the Act and Rules. S. 15 of the Act reads as follows:-