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Jyothy V. Baby, USA, Represented by her Power of Attorney holder & Father Baby Jacob v/s State of Kerala, Represented by Its Secretary, Department of Local Self Government, Thiruvananthapuram & Another


Company & Directors' Information:- U. P. POWER CORPORATION LIMITED [Active] CIN = U32201UP1999SGC024928

Company & Directors' Information:- D B POWER LIMITED [Active] CIN = U40109MP2006PLC019008

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Active] CIN = L40105WB1919PLC003263

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Amalgamated] CIN = U40101WB2003PLC097340

Company & Directors' Information:- B L A POWER PRIVATE LIMITED [Active] CIN = U40102MH2006PTC165430

Company & Directors' Information:- L V S POWER PRIVATE LIMITED [Active] CIN = U40100TG1996PTC023552

Company & Directors' Information:- S L S POWER CORPORATION LIMITED [Active] CIN = U40109AP2005PLC047008

Company & Directors' Information:- S L V POWER PRIVATE LIMITED [Active] CIN = U40102KA2002PTC030448

Company & Directors' Information:- S. E. POWER LIMITED [Active] CIN = L40106GJ2010PLC091880

Company & Directors' Information:- E O S POWER INDIA PRIVATE LIMITED [Active] CIN = U32109MH1985PTC037094

Company & Directors' Information:- D C POWER LIMITED [Strike Off] CIN = U40109TG1996PLC025996

Company & Directors' Information:- POWER CORPORATION OF INDIA LIMITED [Amalgamated] CIN = U50101WB1997PLC084060

Company & Directors' Information:- B V POWER PRIVATE LIMITED [Active] CIN = U40106DL2011PTC213428

Company & Directors' Information:- R AND H POWER COMPANY PRIVATE LIMITED [Active] CIN = U51109UP1965PTC003067

Company & Directors' Information:- B R POWER LTD [Active] CIN = U40106WB1995PLC073567

Company & Directors' Information:- N M S POWER PRIVATE LIMITED [Active] CIN = U51109WB1999PTC089747

Company & Directors' Information:- P R B POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG1995PTC020647

Company & Directors' Information:- KERALA POWER COMPANY LIMITED [Strike Off] CIN = U40101KL1995PLC009791

Company & Directors' Information:- S V G POWER PRIVATE LIMITED [Active] CIN = U40300AP2012PTC084435

Company & Directors' Information:- INDIA POWER PRIVATE LIMITED [Active] CIN = U31900DL1995PTC070096

Company & Directors' Information:- M POWER INDIA PRIVATE LIMITED [Active] CIN = U31908MH2012PTC234343

Company & Directors' Information:- A N S INDIA POWER PRIVATE LIMITED [Active] CIN = U51101DL2014PTC266873

Company & Directors' Information:- M M K POWER PRIVATE LIMITED [Strike Off] CIN = U40106AP1998PTC030796

Company & Directors' Information:- C R E M POWER PRIVATE LIMITED [Strike Off] CIN = U40101DL2001PTC111631

Company & Directors' Information:- D T POWER PRIVATE LIMITED [Strike Off] CIN = U40300AP2015PTC097226

Company & Directors' Information:- O L G POWER P LTD [Active] CIN = U30007TN1991PTC020898

Company & Directors' Information:- G S POWER LIMITED [Strike Off] CIN = U40102KA2010PLC054033

Company & Directors' Information:- POWER AND POWER PVT LTD [Active] CIN = U31300AS1989PTC003282

Company & Directors' Information:- P D M POWER PRIVATE LIMITED [Active] CIN = U40104AS2014PTC011780

Company & Directors' Information:- S B S POWER PRIVATE LIMITED [Strike Off] CIN = U40100AP2012PTC083965

Company & Directors' Information:- F-LOCAL PRIVATE LIMITED [Active] CIN = U63031KA2019PTC130944

Company & Directors' Information:- B & G POWER LIMITED [Active] CIN = U40105PB2010PLC033765

Company & Directors' Information:- S POWER PRIVATE LIMITED [Active] CIN = U19202DL1986PTC026505

Company & Directors' Information:- G M POWER PRIVATE LIMITED [Strike Off] CIN = U40105PN2003PTC017857

Company & Directors' Information:- POWER INDIA PVT LTD [Strike Off] CIN = U31102WB1983PTC036315

Company & Directors' Information:- S AND S POWER PRIVATE LIMITED [Active] CIN = U40109PY2004PTC001824

Company & Directors' Information:- U S POWER PRIVATE LIMITED [Under Process of Striking Off] CIN = U40103MH2009PTC189364

Company & Directors' Information:- K P M POWER PRIVATE LIMITED [Strike Off] CIN = U40102KA2008PTC046804

Company & Directors' Information:- R J JACOB LTD [Strike Off] CIN = U51109WB1949PLC018230

Company & Directors' Information:- POWER-X PRIVATE LIMITED [Strike Off] CIN = U99999DL1970PTC005331

Company & Directors' Information:- S K POWER INDIA PRIVATE LIMITED [Strike Off] CIN = U31101KA2006PTC039172

Company & Directors' Information:- R G D POWER PRIVATE LIMITED [Strike Off] CIN = U41000TG1996PTC023809

Company & Directors' Information:- M M R POWER PRIVATE LIMITED [Active] CIN = U31104DL2008PTC174079

Company & Directors' Information:- S J POWER PRIVATE LIMITED [Strike Off] CIN = U45207HR2012PTC045937

Company & Directors' Information:- T C POWER PRIVATE LIMITED [Strike Off] CIN = U40101PB2009PTC033405

Company & Directors' Information:- H. & T. POWER PRIVATE LIMITED [Active] CIN = U40106MH2016PTC287646

Company & Directors' Information:- S & O POWER PRIVATE LIMITED [Active] CIN = U40107MH2010PTC206447

Company & Directors' Information:- V D M-POWER PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262999

Company & Directors' Information:- A C R POWER PRIVATE LIMITED [Strike Off] CIN = U74900UP2010PTC040987

Company & Directors' Information:- W N POWER PRIVATE LIMITED [Strike Off] CIN = U40101JK2013PTC004009

Company & Directors' Information:- C K S POWER PRIVATE LIMITED [Strike Off] CIN = U40101KA2010PTC052199

Company & Directors' Information:- G C I POWER PRIVATE LIMITED [Active] CIN = U40107KA2010PTC053656

Company & Directors' Information:- R. C. POWER PRIVATE LIMITED [Strike Off] CIN = U40100GJ2009PTC058005

Company & Directors' Information:- J R J POWER PRIVATE LIMITED [Active] CIN = U40300GJ2015PTC082396

Company & Directors' Information:- D V N POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG2007PTC053069

Company & Directors' Information:- A. R. POWER PRIVATE LIMITED [Strike Off] CIN = U74999DL2007PTC161616

    WP(C). No. 27725 of 2020

    Decided On, 31 May 2021

    At, High Court of Kerala

    By, THE HONOURABLE MR. JUSTICE N. NAGARESH

    For the Petitioner: P. Haridas, R.B. Balachandran, Renji George Cherian, P.C. Shijin, Rishikesh Haridas, Biju Hariharan, Advocates. For the Respondents: M.M. Jasmin, Government Pleader.



Judgment Text

1. The petitioner states that she is a non-resident Indian now working in the United States of America. She was born in Kuttanad Taluk in Alappuzha District on 02.05.1985. However, as disclosed from Ext.P1 Birth Certificate, in the Register of Births, the petitioner's name “Jyothy V. Baby” was shown as “Jyothy V. Babay” and the date of birth was erroneously recorded as “02.07.1985”. The name of the mother was recorded as “Soosamma”, instead of “Susamma Baby”. The house name was also wrongly recorded as “Angilimoottil”, instead of “Anjilimoottil”.2. The petitioner would state that the said entries in the Birth Register were clerical errors and the date of birth, mother’s name and house name were correctly recorded in all other documents namely, SSLC, Passport, Marriage Certificate and Aadhaar as can be seen from Exts.P2 to P5. The petitioner filed an application for correction of particulars in Birth Register invoking Section 15 of the Registration of Births and Deaths Act, 1969 read with Rule 11 of the Kerala Registration of Births and Deaths Rules, 1999.3. However, the petitioner was served with Ext.P7 intimation of the Sub Registrar of Births and Deaths, Thalavady Grama Panchayat requiring the petitioner to produce Affidavit, Recognised School Certificate, Documents in proof of name and address of mother and the original of Birth Certificate already issued, and if the same is lost, an affidavit to that effect on stamp paper of Rs. 100/-. The 2nd respondent further informed that under the existing law, correction of date of birth is impermissible.4. The learned counsel for the petitioner contends that Ext.P6 application of the petitioner is supported by Declarations given by two neighbouring citizens and correction in Register of Births can be effected based on these Declarations in the light of the judgments of this Court in The Registrar of Births and Deaths v. Thomas Jacob [2011 (3) KLT 461] and in Sajil v. State of Kerala [2019 (1) KLT 607]. The learned counsel for the petitioner submitted that in view of the extreme urgency in the matter, the 2nd respondent may be directed to reconsider the application and process the same in the light of the aforesaid judgments of this Court.5. In view of the nature of relief being granted in this writ petition, notice to the 2nd respondent is dispensed with.6. This Court in the judgment in The Registrar of Births and Deaths v. Thomas Jacob (supra) has held that if it is proved to the satisfaction of the Registrar that any entry of a birth or death in any Register kept by him under the Act is erroneous in form or substances, he may subject to such rules as may be made by the State Government with respect to conditions on which and the circumstances in which such entries may be corrected or cancelled, correct the error or cancel the entry by suitable entry in the margin, and shall sign the marginal entry and add thereto the date of correction or cancellation. Rule 11 provides that if a clerical or formal error made in the register is either reported or noticed by the Registrar, he shall enquire into the matter and if he is satisfied that any error has been made, he shall correct the error in the manner as provided therein. Sub-rule (2) provides that if any person asserts that any entry in the register of births and deaths is erroneous in substance, the Registrar may correct the entry in the manner as prescribed under Section 15 of the Act upon production by that person a declaration setting forth the nature of the error and true facts of the case made by two credible persons having knowledge of the facts of the case.7. In view of the afore judgment, correction of date of birth in the Birth Register is permissible and the Registrar has power to make such correction.In the circumstances, the writ petition is disposed of directing the 2nd respondent to reconsider Ext.P6 application submitted by the petitioner for correction of entries in the Birth Register including the entry as to Date of Birth in the light of the j

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udgment of this Court in The Registrar of Births and Deaths v. Thomas Jacob (supra) within a period of three weeks. To enable the 2nd respondent to consider the application as directed above, Ext.P7 communication is set aside. The petitioner shall serve a copy of the judgment of this Court reported in The Registrar of Births and Deaths v. Thomas Jacob [2011 (3) KLT 461] and certified copy of this judgment, on the 2nd respondent for compliance.
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