HARIKRISHNAN Vs. JAMES TRINITE

JUDGEMENT

(1.) THE 4th defendant is the appellant.

(2.) THE 1st respondent herein filed O.S.No.114 of 1999 for a declaration that the order passed in Crl.M.P.No.234 of 1997, dated 17.11.1998 by the 2nd respondent herein is null and void and directing the 3rd respondent to cancel the birth certificate issued by him. THE reason for the suit seems to be the apprehension of the 1st respondent that the appellant herein may defeat his promotional chances. It appears that the 1st respondent is in the Fire Service Department of the Government of Pondicherry and the Assistant Divisional Fire Officer is the next avenue of promotion for him. This is a single isolated post. THE 1st respondent appears to have been promoted to the post of Assistant Divisional Fire Officer with effect from 28.4.1993. THE appellant herein is a Station Officer in the Fire Service Department. Persons who belong to the Scheduled Caste and of Pondicherry origin are preferred in appointment and promotion to Scheduled Caste who are migrants. THE appellant had applied for registration of his birth and a certificate was issued on 5.12.1998, registering the birth of the appellant in Villanur Commune, Pondicherry. THE suit has been filed to declare this order as void.

(3.) SEC.13 deals with delayed registration of births and deaths. SEC.13(1) deals with the registration of birth or death after the expiry of the period stipulated therefore, but, within 30 days of its occurrence. SEC.13(2) deals with the registration of birth or death of which delayed information is given after 30 days, but, within one year. SEC.13(3) deals with registration of birth which shall be made only on an order made by a Magistrate of the 1st class or a Presidency Magistrate, after verifying the correctness of the birth or death and on payment of the prescribed fee. Therefore, when registration of birth or death is sought to be made one year after its occurrence, the Magistrates empowered in this regard shall pass an order directing registration of the birth or death as the case may be. To prove the date of birth, the petitioner may produce supporting documents like affidavit by third party who knows the date of birth, horoscopes, school records, certificates from hospital authorities, etc. In appropriate cases, the Court may, after receipt of the petition, direct a general notice to be issued to call for any objection. In fact, in the decision reported in Pavathal v. Periasamy Gounder 1992 L.W. (Crl.) 469 the Madras High Court refused to quash the order passed by the Magistrate under SEC.13(3) of the Act and it was held that the manner by which the Magistrate has to verify the correctness of the birth or death is left to his absolute discretion. The Act also provides for correction or cancellation of entry in the register of births and deaths. SEC.15 provides for this. It is stated therein that if it is prayed to the satisfaction of the Registrar that any entry of a birth or death in any register kept by him under this Act is erroneous in form or substance or has been fraudulently or improperly made, he may correct or cancel the entry.