K.J. JOSEPH Vs. RAMANKARY GRAMA PANCHAYATH

JUDGEMENT

(1.) The petitioner is essentially championing the cause of his son, Bibin Joseph, who is now working in United States of America. The petitioner has produced Ext.P-7, copy of the power of attorney executed by his son in favour of the petitioner authorising the petitioner to conduct litigative proceedings for an on behalf of his son, etc., in the matter of his proposed application for correction of his Date of Birth as entered in the register maintained by the Registrar of Births and Deaths. According to the petitioner his son was born on 17.3.1986 at Lourdes Hospital, Ramankary. Petitioner's son's date of birth has been correctly entered in the Secondary School Leaving Certificate (SSLC), Election Identity Card issued by the Election Commission of India, PAN Card issued by the Income Tax Department, Passport as well as the Baptism certificate issued by the Archdiocese, Changanassery. But that, the date of birth of the petitioner's son was erroneously shown in the register maintained by the Register of Births and Deaths of the 1st respondent-Panchayath as 31.3.1986. Ext.P-6 is the birth certificate issued in that regard by the 1st respondent. The petitioner's son is now residing in United States of America in connection with his temporary employment and for the purpose of securing permanent job in that foreign country, the authorities of the foreign country is insisting for submitting the birth certificate issued by the statutory authorities concerned. But that, as Ext.P-6 birth certificate issued by the 1st respondent has erroneously shown the date of birth as 31.3.1986, which is in variance with all the other entries in the S.S.L.C Book, Passport, PAN Card, Election Identity Card, etc., the said authorities would seriously object to the acceptability of the materials produced by the petitioner's son. Accordingly, the petitioner's son was advised to submit an application before the competent authority of respondents 1 and 2 so as to ensure that entry in Ext.P-6 birth certificate is corrected so as to show correct date of birth as 17.3.1986 instead of 31.3.1986. But that the authorities concerned had not accepted the said application on the ground that there is no provision contained in the Registration of Births and Deaths Act, 1969, and the Rules framed thereunder for effecting such correction. It is in the light of these aspects that the petitioner has filed the instant Writ Petition (Civil) with the following prayers:

(2.) Heard Smt. V. Bhavana, learned counsel for the petitioner and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the 3rd respondent. In the nature of the orders proposed to be passed in this Writ Petition, notice to respondents 1 and 2 will stand dispensed with.

(3.) The issue as to whether the statutory authority like Registrar of Births and Deaths has the power to correct an entry like the date of birth issued by such authority is no longer res integra and covered by a series of decisions of this Court as in Sivanandan v. Registrar of Births and Deaths , reported in 2007 (3) KLT 721 , Varghese v. Director of Panchayat , reported in 2008 (2) KLT 278 , Chalakudy Municipality v. Malavika , reported in 2009 (4) KLT 714 (DB) , Johnson v. Registrar of Births and Deaths , reported in 2017 (2) KLT 577 . It has been held in those decisions that there are provisions contained in the above Act and Rules as in Section 15 of the Act and Rule 11 of the Registration of Births and Deaths Rules, 1999. It has also been held that even if any of the contingencies envisaged in Section 15 and Rule 11 are not satisfied in a given case, still the statutory authorities have the power to correct a mistake, if it is shown that the plea in this regard is bonafide and reasonable and in such situation, the authority will have to act in terms of justice, equity, good conscience, etc. In the aforecited decision in Johnson v. Registrar of Births and Deaths , reported in 2017 (2) KLT 577 , this Court has specifically dealt with a case relating to an application for correction of date of birth as entered in the register of Registrar of Births and Deaths. It was held in para 4 thereof that the Registrar has adequate power to correct any error or entry without any alteration of the original entry by making a suitable entry in the margin and also sign the marginal entry. It will be profitable to refer to para 4 of the judgment in Johnson's case (supra) which reads as follows: