V PRABHAKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext.P7 order dated 4.8.2014 passed by the Registrar of Births and Deaths, Vaikom Municipality, Kottayam District refusing to correct the date of birth entry as per the provisions of the Births and Deaths Act, 1969 and for other consequential reliefs.

(2.) Basic material facts for the disposal of the writ petition are as follows; petitioner is a service pensioner. A son was born to the petitioner on 211977 at Government Hospital, Vaikom at 11.30 p.m. The hospital authority intimated the birth of the child and on the basis of information given by the hospital authority, the birth was registered by the 2nd respondent on 26.11977, however, the date of birth was shown as "23.11977" whereas the birth is taken place on "211977" at 11.30 p.m. Birth certificate was not essential for admitting the child in the school at that time. However, petitioner admitted his son to the school with the date of birth as '211977'. According to the petitioner, it is the correct date of birth. Son of the petitioner is working abroad at New Zealand. The birth certificate has been produced for availing visa and then it was brought to the notice that, the date of birth in the certificate and the educational records are different and hence the authorities directed the petitioner's son to produce the correct birth certificate. It was thereupon that, petitioner submitted an application before the 2nd respondent, however, it was declined stating that, as per the provisions of the Act, there is no power vested with the 2nd respondent to correct the date of birth.

(3.) I have heard learned counsel for petitioner, learned Government Pleader for respondents and perused the pleadings and documents on record.