A.Abdul Rasheed v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.01.2020

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No.157 of 2020 A.Abdul Rasheed .. Petitioner ..Vs..

The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Tambaram, Kancheepuram District.

..Respondent PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the respondent in Ref.No.Na.Ka.1134/2018/,, dated 25.07.2019 and quash the same and consequently direct the respondent to issue the birth certificate of the petitioner's daughter Waheeda. For Petitioner : Mr.D.Bharathy For Respondents : Mr.N.Inbanathan, Additional Government Pleader

O R D E R

The writ petition has been filed seeking to quash the order made in Ref.No.Na.Ka.1134/2018/,, dated 25.07.2019 passed by the respondent.

2. The respondent namely the Revenue Divisional Officer, Tambaram, Kancheepuram District had rejected the application, seeking Birth Certificate of the daughter of the petitioner. The said daughter was born on 27.01.1968.

3. The learned Additional Government Pleader pointed out this fact and stated that this writ petition should have been filed by the daughter. It had been filed by her father/ the petitioner herein who is aged about 77 years since his daughter

is living in Qatar. He has filed the application before the respondent, seeking birth certificate along with following documents:

1. Address proof -Ration Card

2. Xth Standard Certificate

3. XIIth standard Certificate

4. Transfer Certificate

5. Passport

6. Pension Certificate

7. ID Proof

8. Non availability Certificate issued form Sub Registrar Office

4. However, the respondent appears to have rejected the said application on the ground that his daughter is not residing in the said address and she is residing in Qatar for the past 10 years and that she had not given the application and that the application have not also been given by the authorized Power of Attorney agent and that the petitioner has no authority to file the application. It is under this circumstances that the writ petition has been filed.

5. Mr.C.Rajkumar, Revenue Divisional Officer, Tambaram, Kancheepuram District is present in Court today.

6. It is stated that since the daughter is aged about 51 years, she will have to give the application directly. However, the learned counsel for the petitioner stated that the daughter is residing in Qatar. Therefore, a fresh application may be given to the petitioner along with proper authorisation by enclosing relevant document on or before 10.02.2020. It is stated that in this regard, the petitioner may also issue a paper publication. The respondent may consider the application and then pass final orders on or before 31.03.2020.

7. With the above observations, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar vum

To The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Tambaram, Kancheepuram District.

+1cc to the Government Pleader SR.6683 W.P.No.157 of 2020 KK(CO) CB(03/02/2020)