JOHNSON Vs. REGISTRAROF BIRTHS AND DEATHS

JUDGEMENT

(1.) The petitioner has approached this Court aggrieved by the entries made in Exts.P1 and P2 birth certificates, which were issued in respect of his elder daughter Tania Maria John, born on 01.02.2002, and younger daughter Tia Varghese John, born on 31.10.2006. Ext.P1 certificate was issued on 18.02.2006 and Ext.P2 certificate was issued on 02.11.2009. In both the certificates, against the column relating to the address of the parents at the time of birth of the child, it has been stated "Nil" in English and "VERNACULAR MATTER"in Malayalam. It is the case of the petitioner that, since his daughters were born between 2000 and 2007, when the application form for issuance of birth certificate did not make provision for specifying the address and permanent address of the parents at the time of birth of the child, the petitioner was not able to furnish such details while seeking the birth certificates in respect of his daughters. It is stated that, thereafter, on receiving Exts.P1 and P2 certificates and noticing the discrepancy, he had approached the 1st respondent through Ext.P5 representation, seeking a correction of the entries in Exts.P1 and P2 birth certificates. It was when the said representation yielded no response, that the petitioner approached this Court through the present writ petition, seeking a direction to the 1st respondent to carryout the necessary corrections in Exts.P1 and P2 birth certificates and to issue fresh birth certificates containing the relevant information.

(2.) A counter affidavit has been filed on behalf of the 1st respondent, wherein, it is stated that while the printed form of the application for birth certificate, which was in existence till 2000, had a provision for entering the address of the parents of the child, during the period from 2000 to 2007, the prescribed form of the application contained two parts; the first part of which was used as birth register and the latter part of which was to be preserved as birth report. It is stated that the said application form had no provision for entering the address of the parents and it was therefore, that Exts.P1 and P2 birth certificates, issued to the petitioner in relation to his daughters, did not contain any entries against the column for address and permanent address of the parents, at the time of birth of the child.

(3.) I have heard the learned counsel appearing for the petitioner as also the learned Standing Counsel appearing for the respondent Corporation.