D.Saravanan v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05..04..2024 Coram THE HON'BLE MR JUSTICE N.SATHISH KUMAR Writ Petition No.8520 of 2024 D.Saravanan ..... Petitioner -Versus1.The Inspector General of Registration, Santhome, Chennai 600 004.
2.The Sub Registrar, Kodambakkam, Chennai 600024.
..... Respondents Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Mandamus directing the respondents herein to consider the representation of the petitioner dated 15.02.2024 with reference to cancellation of Marriage Registration Certificate bearing No.MC519 of 2010 dated 13.09.2010 and to issue a fresh Marriage Registration Certificate to the petitioner by incorporating the correct date of birth as 04.10.1975 found in the birth certificate issued by the Corporation of Chennai. For Petitioner :
Mr.D.Sam Nandakumar For Respondent (s) :
Mr.P.Anandakumar, GA for RR1 & 2
ORDER
This writ petition has been filed seeking a writ in the nature of mandamus, directing the respondents to consider the representation of the petitioner dated 15.02.2024 seeking to cancel the Marriage Registration Certificate bearing No.MC519 of 2010 dated 13.09.2010 and to issue a fresh Marriage Registration Certificate to the petitioner by incorporating the correct date of birth as 04.10.1975 as found in the birth certificate issued by the Corporation of Chennai.
2. It is the case of the petitioner that he was originally born on 04.10.1975, however, at the time of registration of his marriage, based on educational certificate, his date of birth was wrongly furnished and as such his date of birth was mistakenly mentioned in the marriage registration certificate as if he was born on 29.06.1975. As per the register maintained by Corporation of Chennai, his date of birth is 04.10.1975. Except in the marriage registration certificate in all other public records, including Passport his date of birth is shown as 04.10.1975. In this regard, he made a representation, but the grievance of the petitioner is that the same has not yet been considered by the respondents. Hence, the present writ petition.
3. Heard both sides and perused the records carefully.
4. Today, the learned counsel for the petitioner produced original Passport, Pan Card, Aadhaar Card, Vehicle Registration Certificate and print out of online birth Certificate issued by the Greater Chennai Corporation. The original documents produced by the learned counsel for the petitioner have been returned to him after verifying the same with the photocopies of the respective documents.
5. Let the petitioner produce all the original documents and the birth certificate downloaded from the official website of the Corporation of Chennai before the 1st respondent registering authority in support of his claim that he was originally born on 04.10.1975 within a period of one week from the date of receipt of a copy of this order and on production of such documents, the 1st respondent shall consider the pending representation of the petitioner and pass appropriate orders thereof within a period of two weeks therefrom by giving a direction to the 2nd respondent to issue a fresh marriage registration certificate by incorporating the correct date of birth of the petitioner as per the original records produced by the petitioner. Thereafter, it is for the 2nd respondent to act in accordance with the directions issued by the 1st respondent as expeditiously as possible.
N.SATHISH KUMAR.J., kmk In the result, this writ petition is disposed of accordingly with the above directions. No costs.
05..04..2024 Index : yes / no : yes / no Speaking / Non Speaking Order kmk To 1.The Inspector General of Registration, Santhome, Chennai 600 004.
2.The Sub Registrar, Kodambakkam, Chennai 600024.
Writ Petition No.8520 of 2024