Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member services -- Free for one month.\n\nKerala High Court\nMini Moonjelil vs State Of Kerala on 20 October, 2020         IN THE HIGH COURT OF KERALA AT ERNAKULAM\n\n                           PRESENT\n\n           THE HONOURABLE MR.JUSTICE N.NAGARESH\n\nTUESDAY, THE 20TH DAY OF OCTOBER 2020 / 28TH ASWINA, 1942\n\n                  WP(C).No.30087 OF 2019(I)\n\nPETITIONER:\n\n              MINI MOONJELIL,\n              AGED 52 YEARS,\n              D/O. LATE JACOB KOCHUTHAYIL,\n              MOONJELIL HOUSE,\n              CHERAI P.O.,\n              PARUR, PIN-683 514,\n              NOW RESIDING AT ZURICH, SWITZERLAND,\n              REPRESENTED BY HER POWER OF ATTORNEY HOLDER\n              OSBEN MANUEL GOMEZ,\n              AGED 35 YEARS, S/O. RALPH WILLIAM GOMEZ,\n              EMMANUAL VILLA VADUTHALA P.O., KOCHI-682023.\n\n              BY ADVS.\n              SRI.REJI GEORGE\n              SRI.A.M.NASEER\n              SRI.BINOY DAVIS\n\nRESPONDENTS:\n\n     1        STATE OF KERALA,\n              REPRESENTED BY THE SECRETARY,\n              LOCAL SELF GOVERNMENT INSTITUTIONS,\n              GOVERNMENT SECRETARIAT,\n              THIRUVANANTHAPURAM, PIN-695 001.\n\n     2        THE SUB DIVISIONAL MAGISTRATE,\n              REVENUE DIVISIONAL OFFICE,\n              OPPOSITE TO DISTRICT COURT COMPLEX, SH40,\n              THODANKULANGARA, ALAPPUZHA-688 013.\n\n     3        THE REGISTRAR FOR BIRTH,\n              DEATH AND MARRIAGE CHERTHALA MUNICIPALITY,\n              ALAPPUZHA, PIN-688 524.\n\n            BY ADV. SRI.JOBY CYRIAC\n            GOVERNMENT PLEADER SMT RASHMI K.M.\n     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD\nON 20.10.2020, THE COURT ON THE SAME DAY DELIVERED THE\nFOLLOWING:\n WPC.30087/2019\n                                     :2 :\n\n\n\n\n                            JUDGMENT\n                            ~~~~~~~~~\n\n                 Dated this the 20th day of October, 2020\n\n\n\n\n                 The petitioner, who is presently working as a\n\nNurse in Switzerland, is seeking to issue a writ of\n\nMandamus commanding the respondents to register the\n\nbirth of the petitioner showing her date of birth as\n\n31.05.1966 and issue a Birth Certificate to the petitioner.\n\n         2.      The petitioner states that she was born on\n\n31.05.1966.         The Registration of Births and Deaths Act,\n\n1969 came into force on 01.04.1970 subsequent to her\n\nbirth.        Therefore, the petitioner's birth was not registered\n\nunder the Act.\n\n         3.      The petitioner is due to retire from her service in\n\nSwitzerland soon.           In order to pay her the retirement\n\nbenefits, the employer insists production of her Birth\n WPC.30087/2019\n                                :3 :\n\n\n\nCertificate.     The petitioner therefore approached the 3rd\n\nrespondent-Registrar of Birth, Death and Marriage of\n\nCherthala Municipality.     The 3 rd respondent informed the\n\npetitioner that she will have to first register her birth in\n\naccordance with the provisions of the Registration of Births\n\nand Deaths Act, 1969.        As the registration of births is\n\ndelayed for more than one year, it will be possible only\n\nunder an order of the 2nd respondent-Sub Divisional\n\nMagistrate.\n\n     4.    Therefore, the petitioner approached the 2 nd\n\nrespondent-Sub Divisional Magistrate seeking an order to\n\nregister her birth under Section 13(3) of the Act, 1969. The\n\n2nd respondent, however, insisted that the petitioner should\n\nproduce a Non-availability Certificate in Form No.10,\n\ncertifying that petitioner's birth is not found registered at the\n\noffice of the 3rd respondent. The petitioner therefore again\n\napproached the 3rd respondent and sought issuance of\n\nNon-availability Certificate.    The 3rd respondent, for no\n WPC.30087/2019\n                               :4 :\n\n\n\nconceivable reason, has not issued the Non-availability\n\nCertificate so far.\n\n     5.    Heard learned counsel for the petitioner, learned\n\nGovernment Pleader for respondents 1 and 2 and learned\n\nStanding Counsel for the 3rd respondent.\n\n     6.    It is an admitted position that the petitioner's birth\n\nwas prior to the coming into force of the Registration of\n\nBirths and Deaths Act, 1969. The petitioner approached the\n\n3rd respondent for issuance of a Birth Certificate. Rightly,\n\nthe 3rd respondent pointed out that the petitioner has to\n\nregister her birth first in order to obtain a Birth Certificate.\n\nAs there is considerable delay in registering the birth, an\n\norder of the Sub Divisional Magistrate is required under\n\nSection 13(3) of the Act, 1969.\n\n     7.    Though     the   petitioner   approached     the   2 nd\n\nrespondent-Sub Divisional Magistrate, the 2 nd respondent\n\ninsisted to make available a Non-availability Certificate in\n\nForm No.10. The Power of Attorney Holder of the petitioner\n WPC.30087/2019\n                                :5 :\n\n\n\nhas produced the original Power of Attorney before the 3 rd\n\nrespondent for processing the application for issuance of\n\nNon-availability Certificate.     Issuance of non-availability\n\ncertificate, registration of birth and issuance of Birth\n\nCertificate, all are statutory in nature. Therefore, there is no\n\nreason why requisite orders are not passed in this writ\n\npetition enabling the petitioner to get a Birth Certificate.\n\n           In the circumstances, the writ petition is disposed\n\nof directing the 3rd respondent to issue a Non-availability\n\nCertificate to the petitioner, if her application for the same is\n\ncomplete and supported by payment of requisite fee, if any.\n\nThis shall be done within a period of two weeks. On receipt\n\nof Non-availability Certificate, the petitioner or her Power of\n\nAttorney Holder may produce the same before the 2 nd\n\nrespondent for issuance of necessary order under Section\n\n13(3) of the Act, 1969. The 2nd respondent shall pass orders\n\nwithin four weeks from the date of receipt of a copy of the\n\napplication along with Non-availability Certificate.           Upon\n WPC.30087/2019\n                               :6 :\n\n\n\nreceipt of order of the 2nd respondent, the 3rd respondent\n\nshall take expeditious steps to issue Birth Certificate to the\n\npetitioner without further delay.\n\n                                              Sd/-\n                                      N. NAGARESH, JUDGE\n\naks/20.10.2020\n WPC.30087/2019\n                            :7 :\n\n\n\n\n                         APPENDIX\nPETITIONER'S EXHIBITS:\n\nEXHIBIT P1        TRUE COPY OF THE RELEVANT PAGE OF THE\n                  SECONDARY SCHOOL LEAVING CERTIFICATE\n                  ISSUED IN THE NAME OF THE PETITIONER.\n\nEXHIBIT P2        TRUE COPY OF THE RELEVANT PAGE OF THE\n                  PASSPORT NO.J3767594 ISSUED BY THE\n                  EMBASSY OF INDIA, BERNE (SWITZERLAND)\n                  IN THE NAME OF THE PETITIONER.\n\nEXHIBIT P3        TRUE COPY OF THE PERMANENT ACCOUNT\n                  NUMBER CARD ISSUED IN THE NAME OF THE\n                  PETITIONER.\n\nEXHIBIT P4        TRUE COPY OF THE AADHAAR CARD ISSUED\n                  IN THE NAME OF THE PETITIONER.\n\nEXHIBIT P5        TRUE   COPY  OF    THE LETTER  DATED\n                  21.3.2019 SENT BY THE 3RD RESPONDENT\n                  TO THE PETITIONER.\n\nEXHIBIT P6        TRUE COPY OF THE APPLICATION DATED\n                  1.8.2019 SENT BY THE PETITIONER TO\n                  THE 3RD RESPONDENT.\n\nEXHIBIT P7        TRUE COPY OF THE BIRTH REPORT DATED\n                  28.2.2019 IN FORM NO.1 PRODUCED BY\n                  THE   PETITIONER    BEFORE   THE    3RD\n                  RESPONDENT    ALONG     WITH     EXT.P6\n                  APPLICATION.\n\nEXHIBIT P8        TRUE COPY OF THE AFFIDAVIT SWORN BY\n                  SMT. THRESSIAMMA, DATED 23.2.2019\n                  PRODUCED BY THE PETITIONER BEFORE THE\n                  3RD RESPONDENT ALONG WITH EXT.P6\n                  APPLICATION.\n\nEXHIBIT P9        TRUE COPY OF THE AFFIDAVIT SWORN BY\n WPC.30087/2019\n                         :8 :\n\n\n                 SRI.P.J.JOSEPH,    DATED    26.2.2019\n                 PRODUCED BY THE PETITIONER BEFORE THE\n                 3RD RESPONDENT ALONG WITH EXT.P6\n                 APPLICATION.\n\nEXHIBIT P10      TRUE COPY OF THE POSTAL RECEIPT\n                 NO.RL443508745IN DATED 2.8.2019.\n\nEXHIBIT P11      A TRUE COPY OF THE RECEIPT DATED\n                 15.9.2020    ISSUED   BY    THE 3RD\n                 RESPONDENT TO THE PETITIONER.