GEORGE CHERIAN T C Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) The petitioner would state that he was born on 22.04.1961 in his residential house at Paayipaad, Haripad, Alappuzha Revenue District. That since the provisions of the Registration of Births and Deaths Act and the Rules framed thereunder were not strictly enforced at that point of time and in view of the lack of awareness of the petitioner's parents regarding such legal provisions, no steps were taken by his parents to get the petitioner's birth register before the notified Registrar under the abovesaid Act and however, the petitioner's date of birth is correctly recorded in the baptism certificate, school records as well as in the S.S.L.C book and in the college and university records, wherein, the petitioner's date of birth has been correctly shown as 22.04.1961. Ext.P-1 dated 07.08.2005 is the copy of the baptism certificate issued by the Parish Church concerned, Ext.P-2 is the relevant extract of the S.S.L.C book of the petitioner, Ext.P-3 is the pre-degree examination certificate in which the petitioner had appeared. Ext.P-4 is the transfer certificate issued to him by the college where he has studied for his degree course, where in all these, date of birth has been consistently entered as 22.04.1961. The petitioner is now employed in the United States of America and that in the authorities of that foreign company, the petitioner should produce the birth certificate issued by the notified Registrar of births and deaths as per the Laws of India and that the petitioner has now preferred Ext.P-8 application dated 14.06.2018 before the 1st respondent Revenue Divisional Officer, Chengannur who is stated to be the competent authority in the matter etc.

(2.) Earlier the petitioner had also approached the competent authorities of the 4th respondent Viyyapuram Grama Panchayath, Paayipad, Alappuzha district in the abovesaid request and as the petitioner's birth was not registered with the Registrar of the birth centres of that Panchayath, the said Panchayath authority forwarded the matter to the Sub-Inspector of Police, Viyyapuram as per Ext.P-5 letter dated 21.05.2018. Pursuant thereto, the Sub Inspector of Police, Viyyapuram police station has submitted Ext.P-6 report dated 26.05.2018 intimating the 4th respondent Panchayath that the police authorities could ascertain from the document such as S.S.LC book of the petitioner and other obtained documents that the petitioner was born on 204.1961, and that the information has also been collected from the immediate neighbours in the locality etc. Thereafter, the 4th respondent Gramapanchayath has issued Ext.P-7 non availability certificate under Sec.17 of the Registration of Births and Deaths Act, 1969, certifying that despite their search made on the request of the petitioner that the event relating to the petitioner has not been registered etc. It is pointed out that thereafter, the petitioner has approached the 1st respondent RDO by submitting Ext.P-8 application dated 14.06.2018 and that the 1st respondent RDO is the competent authority to deal with the cases as in the instant mode.

(3.) This is in the light of these factual averments, the petitioner has filed the instant Writ Petition (Civil) with the following prayers: