Shibu Titus v. State of Kerala & Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **FRIDAY ,THE 17TH DAY OF AUGUST 2018 / 26TH SRAVANA, 1940** ## **WP(C).No. 28027 of 2018** ## **PETITIONER:** **SHIBU TITUS AGED 22 YEARS S/O.TITUS, RESIDING AT KANAKKACHERRY HOUSE, OCHAMTHURUTH, PUTHUVYPE.P.O., ERNAKULAM.** **BY ADV. JACOB CHACKO** ## **RESPONDENT/S:** - **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL ADMINISTRATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **2 DIRECTOR OF PANCHAYATH, OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYATS, OPP. OF S.M.V.HSS, OVER BRIDGE, THIRUVANANTHAPURAM - 695 014.** - **3 THE SECRETARY, CORPORATION OF COCHIN, ERNAKULAM, COCHIN-682011.** - **4 THE REGISTRAR, BIRTH & DEATH REGISTRATION, HEALTH DIVISION, MATTANCHERY - 682002.** ## **OTHER PRESENT:** **SRI.SAIGY JAOB PALATTY, SR.GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.08.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No. 28027 of 2018** **2** # **ALEXANDER THOMAS, J.** ## **=========================== W.P(C)No.28027 of 2018** **============================** Dated this the 17[th] day of August, 2018 ## **JUDGMENT** The petitioner is aggrieved by the impugned decision of the 4[th] respondent-Registrar of Births and Deaths, taken as per Ext.P-4 proceedings dated 01.08.2018, whereby the application dated 25.07.2018 made by the petitioner for change of his name in the birth register has been declined. The prayers in this Writ Petition ## (Civil) are as follows: - _“ i) To issue a writ of certiorari or other appropriate order to the respondents 3 & 4 calling for the records leading to issuance of Exbt.P4 and quashing the same;_ - _ii) To direct the respondents 3 and 4 to issue corrected birth certificate as Kanikkassery Shibu Titus;_ - _iii) To quash paragraph 9.8 of Exhibit P5 circular issued by the 2[nd] respondent, dated 10.5.2017 bearing No.B115343/2017;_ - _iv) Pass such other writs, orders or directions as this Hon'ble Court may deems just, fit and necessary in the facts and circumstances of this case._ _And_ - _v) Allow this Writ petition with cost.”_ ## 2. Heard Sri.Jacob Chacko, learned counsel appearing for the petitioner and Sri.Saigi Jacob Palatty, learned Sr.Government Pleader appearing for respondents 1 & 2 and Sri.K.L.Joseph, **WP(C).No. 28027 of 2018** **3** learned Standing Counsel appearing for R3 and R4. 3. The petitioner was born on 26.10.1995, in the wedlock between Titus and Daly. The family name of the petitioner is Kanakkacherry. While conveying the information regarding the birth of the petitioner, his name was shown as “Shibu.K.T” and Ext.P-2 Birth Certificate was issued by the 4[th] respondent-Registrar on 07.11.1995, showing his name as “Shibu.K.T” and date of birth as 26.10.1995 etc. As the name of the petitioner’s father is “Titus”, the petitioner had submitted an application for correcting his name in Ext.P-2 register as “Shibu Titus”, in order to reflect his father’s name as his surname. The said request made by the petitioner was allowed and Ext.P-3 corrected Birth Certificate was issued on 12.06.2017, whereby the name of the petitioner was shown as “Shibu Titus”, instead of his earlier name “Shibu.K.T” as shown in Ext.P-2 certificate. The petitioner had studied in Italy and he had applied for citizenship of that country. In the school certificate issued by the Ministry of Education, University and Research of Italy, his name was shown as per Ext.P-1 dated 13.07.2016 as “Kanakkacherry Shibu Titus”. It appears that Ext.P-1 school certificate was issued by Italian Ministry of Education, as per **WP(C).No. 28027 of 2018** **4** Ext.P-1 dated 13.07.2016, prior to the issuance of Ext.P-3 dated 12.06.2017. At the time of issuance of Ext.P-1 dated 13.07.2016, as the name of the petitioner was shown in Ext.P-2 as “Shibu.K.T”, the expanded name of the petitioner was shown in Ext.P-1 as “Kanakkacherry Shibu Titus”, showing his family name, first name and surname. The petitioner has been now advised that for processing of his application for citizenship of Italy, the authorities of that Foreign Government would insist that his name should be the same as the one shown in Ext.P-1 school certificate issued by the Italian Ministry of Education. Therefore, the petitioner was constrained to submit the application dated 25.07.2018 to the 4[th] respondent-Registrar, requesting that his name in the Birth Certificate may be shown as “Kanakkacherry Shibu Titus” as shown in Ext.P-1 school certificate. The said request made by the petitioner as per the application dated 25.07.2018 has now been rejected by the 4[th] respondent-Registrar of Births and Deaths attached to the Municipal Corporation, Kochi as per the impugned Ext.P-4 proceedings dated 01.08.2018, on the ground that the second change of name after the issuance of change already permitted as per Ext.P-2 is not permissible as per the **WP(C).No. 28027 of 2018** **5** norms in clause 9.8 of Ext.P-5 circular and that at best, they can issue a fresh certificate showing his name as Shibu Titus as per Ext.P-3 along with “alias” showing his proposed name as Kanakkacherry Shibu Titus. The impugned Ext.P-4 decision has been taken pursuant to the norms in Ext.P-5 circular No.B115343/2017 dated 10.05.2017 issued by the Director of Panchayaths who is said to be the Chief Registrar of Births and Deaths. It is this the order at Ext.P-4 that is under challenge in this Writ Petition (Civil). This Court in the judgment in _**Mathew Alex v. Kanjirappally Grama Panchayat**_ reported in 2018(3)KLT 126 has held that the Registrar of Births and Deaths has discretion to consider the plea for change of name, date of birth etc. not only in respect of scenarios expressly covered by Sec.15 of the Births and Deaths Act and Rule.11 of the Registration of Births and Deaths Rules and that the Registrar has also discretion to consider the pleas for such changes which are not covered by such scenarios etc. In that case, this Court has also set aside the impugned decision of the Registrar of Births and Deaths challenged therein. In that case also the said official had taken the stand that at best, the change of name could be shown as “alias” in view of the **WP(C).No. 28027 of 2018** **6** circular of the Director of Panchayaths. Sri.K.L.Joseph, learned Standing Counsel for the Kochi Municipal Corporation appearing for respondents 3 and 4 would submit that the impugned rejection order is passed based on the directives in Circular No.B1-15343/2017 dated 10.5.2017 issued by the Chief Registrar of Births and Deaths (Director of Panchayats) as per Ext.P-5, more particularly para 9.8 thereof, and that the impugned order does not require any interference. 4. In view of the dictum laid down by this Court in _**Mathew Alex v. Kanjirappally Grama Panchayat**_ reported in 2018(3)KLT 126 as well as a series of other judgments of this Court referred to therein, it is only to be held that the matter requires serious reconsideration at the hands of the 4[th] respondentRegistrar and the matter is liable to be remitted before that authority for consideration of the petitioner's application dated 25.07.2018 afresh. For facilitating such a remit, the impugned decision as per Ext.P-4 will stand set aside and the application dated 25.07.2018 of the petitioner will stand remitted to the 4[th] respondent-Registrar. 5. Prima facie, it appears that the plea made by the **WP(C).No. 28027 of 2018** **7** petitioner is bonafide and is not vitiated by the ulterior or exterior motives. It is not in dispute that the petitioner’s family name is Kanakkacherry and his father’s name is Titus and the petitioner’s name is Shibu. The petitioner’s name has been shown in Ext.P-1 school certificate issued by the Italian Ministry of Education,University and Research as “Kanakkacherry Shibu Titus” presumably following the pattern of showing the family name, individual name and the surname. The 4[th] respondent may conduct appropriate enquiries and may examine whether the plea made by the petitioner for change of name is bonafide and if there are no compelling circumstances to the contrary, the request made by the petitioner may be positively considered. The matter requires serious re-consideration by the 4[th] respondent Registrar, in the light of the legal principles laid down by this Court in _**Mathew Alex v. Kanjirappally Grama Panchayat**_ reported in 2018(3)KLT 126. Where, the plea made by the applicant for correction of the change of name is not expressly covered by the scenarios mentioned in Sec.15 of the Births and Deaths Act and Rule.11 of the Registration of Births and Deaths Rules, it does not mean that the Registrar has no power and discretion to consider **WP(C).No. 28027 of 2018** **8** such pleas and it has been held by this Court that even in cases which are not covered by the statutory provisions, still the Registrar has discretion to consider the plea, provided the plea made is bonafide and in such cases, the request should be considered on the basis of the well-known principles of justice, equity and good conscience. The 4[th] respondent will grant an opportunity of personal hearing to the petitioner either in person or through an authorized representative and thereafter decisions should be rendered on the abovesaid application of the petitioner, in light of the abovesaid legal principles. Orders in that regard should be passed by the 4[th] respondent, without much delay, preferably within a period of one month from the date of production of a certified copy of this judgment. The petitioner will produce a certified copy of this judgment before the 4[th] respondentRegistrar, for necessary information and further compliance. Needless to say, that in case the request of the petitioner is allowed, then the 4[th] respondent, Registrar will be liberty to indicate the earlier names of the petitioner in an appropriate manner in the corrected certificate to be issued for the change of name. With these observations and directions, the above Writ **WP(C).No. 28027 of 2018** **9** Petition (Civil) will stand finally disposed of. ## **Sd/-** ## **ALEXANDER THOMAS, JUDGE** **vgd/21.08.18** ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** |**EXHIBIT P1**|**TRUE COPY OF THE DIPLOMA CERTIFICATE**| |---|---| ||**OF THE PETITIONER ISSUED BY MINISTRY**| ||**OF EDUCATION, UNIVERSITY AND RESEARCH**| ||**SCHOOL YEAR 2015-2016, ITALY.**| |**EXHIBIT P2**|**TRUE COPY OF THE CERTIFICATE DATED**| ||**24/06/1996 ISSUED BY THE 3RD**| ||**RESPONDENT.**| |**EXHIBIT P3**|**TRUE COPY OF THE CORRECTED BIRTH**| ||**CERTIFICATE DATED 21/06/2017 ISSUED BY**| ||**THE 3RD RESPONDENT.**| |**EXHIBIT P4**|**TRUE COPY OF THE REJECTION LETTER**| ||**ISSUED BY THE 4TH RESPONDENT DATED**| ||**01/08/2018.**| |**EXHIBIT P5**|**TRUE COPY OF THE CIRCULAR ISSUED BY**| ||**THE 2ND RESPONDENT DATED 10/05/2017**| ||**BEARING NO. B1-15343/2017.**|