SIVANANDAN C Vs. REGISTRAR OF BIRTHS AND DEATHS

JUDGEMENT

(1.) The petitioner is the father of the pupil, in relation to whom, the Education Department has issued ext. P1 certificate, which shows the name and date of birth of that pupil. According to the petitioner, Ext. P2 is a copy of the passport issued to his son. Ext. R1 (a) , shows that the birth of one 'samal' on 17-8-1983 is registered on 26-8-1983 and on that day itself, a certificate of such registration of birth is issued. The controversy is as to whether the petitioner's son is 'samal' in Ext. R. 1 (a) and still further, as to whether, if that be so, could the date of birth as disclosed in Ext. R 1 (a) , be corrected. The plea of the petitioner is that he was employed elsewhere in the service of the indian Army at the time of the birth of his son and his semi-literate brother had furnished details, which would have resulted in any registration, if at all there is one.

(2.) Going by the counter-affidavit of the municipal authorities, the petitioner had applied for certificate as to non-registration of the birth of his son and he later withdrew it when faced with the Municipality insisting on the factum of registration as disclosed by Ext. R1 (a).

(3.) The aforesaid would show that there could be controversy as to the identity of the person to whom Ext. R. 1 (a) registration relates. It could also be a case where there is an error in the register in its form and substance.