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Judgment
Sathish Ninan, J.
Petitioner is the mother of Sri.Aby George K. who is presently at New Zealand. The date of birth of Sri.Aby George K. is â€1œ9.05.1986â€.
However, in the Birth Register maintained by the third respondent, the date of birth is shown as 19.08.1986. Since Sri.Aby George K. is at New
Zealand, the petitioner (mother) submitted an application for correction of the date in the register.
Noticing the urgency pointed by the petitioner and in view of the fact that Sri.Aby George K. is at New Zealand, this Court as per judgment dated
25.11.2021 in W.P.(C) No.24933/2021 directed the third respondent to accept and consider the application, with a rider, requiring the petitioner and
her son to file affidavits affirming that the petitioner has been duly authorized to seek for the correction sought.
Pursuant thereto, the formalities were complied with and the applications were considered by the third respondent. However, as per Ext.P11 order,
the request was turned down. It is aggrieved thereby that this writ petition has been filed.
Heard Sri.Krishob K. Nair, learned counsel for the petitioner and Dr.Abraham P. Meachinkara, learned Standing Counsel for respondents 2 and 3.
The power of the Registrar to effect necessary corrections in the birth register if there are mistaken entries, has been affirmed by this Court in
Chalakkudy Municipality and Another v. Malavika and Another [2009 (4) KLT 714 (DB)], Thomas Jacob v. Registrar of Births and Deaths
[2011 (3) KLT 461] and Abdul Rahiman v. Registrar of Births and Deaths [2016 (4) KLJ 60] .Ext.P2 is the SSLC certificate of Sri.Aby George
K. wherein his date of birth is shown as 19.05.1986. Ext.P3 is his Passport, therein also is date of birth is shown as 19.05.1986. Ext.P4 is his Aadhar
card. Sri.Aby George K. has sworn to an affidavit at the Indian Embassy in New Zealand (Ext.P9) swearing that his correct date of birth is
19.05.1986 and that the entry in the register is a mistake. The petitioner who is the mother of Sri.Aby George K. also affirms the same. The third
respondent has rejected the application for correction stating that the entries have been made based on the hospital record and that no mistake has
occurred on the part of the authority.
The question is not as to at whose part the error occurred, but as to whether there is an error in the register regarding the date of birth. As noticed,
the SSLC book and the Passport shows that the date of birth of Sri.Aby George K. is 19.05.1986. Both Sri.Aby George K. and his mother, the
petitioner maintains the same. The evidentiary value of SSLC certificate and Passport cannot be ignored. The third respondent ought to have accepted
the contention regarding error in the entry relating to date of birth in the register.
Accordingly Ext.P11 order is quashed. The third respondent shall cause the date of birth of Sri.Aby George K., corrected in the register as
19.05.1986 instead of 19.08.1986. Let the needful be done within a period of two weeks from the date of receipt of a copy of this judgment.