MATHEW ALEX Vs. KANJIRAPPALLY GRAMA PANCHAYATH

JUDGEMENT

(1.) The petitioner is aggrieved by the impugned Ext.P-9 proceedings dated 16.9.2010 issued by the 2nd respondent-Registrar of Births and Deaths of the 1st respondent-Kanjirappally Grama Panchayath, whereby the request made by him as per Ext.P-6 for change of his name in the Birth Register has been rejected. The main prayers in this Writ Petition (Civil) filed on 19.1.2011 are as follows:

(2.) Heard Sri.Rajeev V.Kurup, learned counsel for the petitioner, Sri.V.K.Sunil, learned counsel appearing for R-1 & R-2 and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for R-3 State.

(3.) As per the averments in the Writ Petition, at the time of the birth of the petitioner, he was given the pet name as "Albin" by his parents and his name was entered as "Albin Alex" before the 2 nd respondent-Registrar of Births and Deaths. This can be seen from a perusal of Ext.P-1, wherein it is shown that the name of the child is shown as "Albin Alex" and his date of birth is 30.12.1996 and birth was registered with the 2nd respondent on 31.12.1996 and the names of the father and mother of the child are "Alex Mathew" and "Ancy Alex", etc. Ext.P-1 is the Certificate of Birth issued on 26.1997 by the 2 nd respondent Registrar of Births and Deaths of the 1st respondentKanjirappally Grama Panchayath, Kottayam District. As the name of the paternal grandfather of the petitioner is "Mathew", petitioner's parents, had given him the baptismal name as "Mathew" as can be seen from Ext.P-3 baptismal certificate dated 10.4.1997 issued by the parish concerned. Ext.P-4 would show that a male child was born on 30.12.1996 to "Smt.Ancy Alex, W/o. Alex Mathew". The petitioner's name in the school register at the time of admission in the school was entered as "Mathew Alex", the first name denoting his baptismal name taken from the name of his paternal grandfather and surname which shows the name of the child's father. The petitioner and his parents have been advised that in the future it may be necessary that his name as entered in the school register has to be shown in the birth register after requisite correction as otherwise it would have problems at the time of issuance of Passport as the Passport authorities certainly insist for production of birth certificate and if there are divergences in the name of the applicant concerned as shown in the birth register from the other records like school records, etc., they would insist for change of name in the birth register. Frequent problems would also arise when applications for foreign visa are submitted, whereby many of the Foreign Governments may insist for placing reliance on the name of the candidate concerned as shown in the birth register. In these circumstances, Ext.P-6 application was submitted on behalf of the petitioner-minor through his father and guardian Sri.Alex Mathew on 9.2010 before the 2nd respondent-Registrar of Births and Deaths requesting for correction/change of name in Ext.P-1 birth certificate. It was pointed out in Ext.P-6 that immediately after his birth on 30.12.1996, petitioner's pet name was given as "Albin" and it is in these circumstances, his name was shown as "Albin Alex" in the request in that regard submitted before the Registrar of Births on 31.12.1996, which led to the issuance of Ext.P-1 birth certificate dated 26.1997, wherein the name of the petitioner was shown as "Albin Alex". It was only later that baptism was conducted and his first name was chosen as "Mathew", which is taken from his paternal grandfather and hence the petitioner's name was entered in the school records as "Mathew Alex" and not as "Albin Alex". Ext.P-6 has been accompanied by Ext.P-7 affidavit dated 9.2010, which was sworn to by both the parents of the petitioner. The petitioner places reliance on para 2 of clause (6) on Ext.P-8 circular issued by the Directorate of Panchayath, wherein it is clearly stated that where at the time of birth, a pet name is given to the child, which is entered in the birth register, then it is certainly open to the parents to make an application so as to show the name which has been given to the child subsequently. The 2nd respondent-Registrar has rejected the plea made as per Ext.P-6 by the impugned Ext.P-9 order dated 16.9.2010 on the ground that once the name is entered in the birth register, there is no provision for alteration or correction of the name of the holder of the birth certificate. However, it is stated in Ext.P-9 order that the 2nd respondent is prepared to correct Ext.P-1 birth certificate by showing that "Mathew Alex" as the 'alias' name of the petitioner whereby the entry of the name of the petitioner as per the corrected version of Ext.P-1 could be shown as "Albin Alex alias Mathew Alex". It is this order at Ext.P-6 that is under challenge in this Writ Petition.