LAWS(KER)-2024-2-179

ASHWIN SIDHARTHAN Vs. CHERPU GRAM PANCHAYATH

Decided On February 19, 2024
Ashwin Sidharthan Appellant
V/S
Cherpu Gram Panchayath Respondents

JUDGEMENT

(1.) The petitioner states that he was born at Cherpu Government Hospital on 31/10/1982. At the time of his birth, his name was mistakenly entered as 'ASE' in the Birth Register maintained by the 1st respondent Panchayat. Ext. P3 is the copy of the Birth Certificate. The petitioner had his secondary schooling at VIPS School, Dubai which is now defunct. In the Secondary School Records, his name is entered as 'Ase V.Sidharthan', as seen from Ext. P4 copy of the Secondary School Leaving Certificate (SSLC) issued by the Board of Public Examinations, Kerala. However, in Ext. P5 Higher Secondary Examination (Class XII) Certificate issued by the Board of Higher Secondary Examination, Government of Kerala, his name is entered as 'Ashwin Sidharthan', which, according to him, is the correct name and is consistent with public documents such as Passport, PAN Card, Driving Licence etc.

(2.) The petitioner has been working in Switzerland for the past ten years. When he made application for citizenship, the authorities noted a disparity in his name between the Birth Certificate and Passport. Therefore, the petitioner submitted Ext. P7 application before the 3rd respondent, the Secretary, who is the Registrar of the 1st respondent Panchayat under the Registration of Births and Deaths Act, 1969, to correct the name in the Birth Certificate. However, the application was rejected by Ext. P8 communication stating that the name of the petitioner differs in the school record produced along with the same. It is stated that the name of the petitioner is entered as 'ASE' in the Birth Register, whereas, it is entered as Ase V.Sidharthan' in the SSLC book and that the name entered in the Birth Certificate can only be corrected to match the name as entered in the SSLC book.

(3.) The petitioner states that he is known as 'Ashwin Sidharthan' among his family, friends, and society. Furthermore, in all official records such as Passport, PAN Card, Driving Licence etc., his name is entered as 'Ashwin Sidharthan'. Accordingly, challenging Ext. P8, the petitioner has approached this Court.