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Madras High CourtWP/22030/2017allowed

Snekalatha, v. Chief Medical Officer,

2018-04-10Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.04.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.22030 of 2017 Snekalatha ... Petitioner Vs.

1. The Chief Medical Officer, ESIC Hospital (MD), K.K.Nagar, Chennai - 600 078.

2. The City Health Officer, Department of Public Health, Zone-9, Division 131, Corporation of Chennai.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of mandamus to consider the representation made by the petitioner dated 11.05.2017 for correcting the name of the child Vinoba's mother Chitra as Snekalatha in the record of the 1st respondent hospital thereby the 2nd respondent also change the name of the mother as Snekalatha in his records and the same may be issued to the petitioner.

For Petitioner : Mr.V.Gabriel For Respondents : No appearance - R1 & R2

O R D E R

This Writ Petition has been filed by the petitioner seeking for issuance of Writ of mandamus to consider the representation made by her dated 11.05.2017 for correcting the name of the child Vinoba's mother Chitra as Snekalatha in the record of the 1st respondent hospital thereby the 2nd respondent also change the name of the mother as Snekalatha in his records and the same may be issued to the petitioner.

2.Heard the learned counsel for the petitioner and Mr.P.Selvaraj, the Sanitary Officer, Zone-10, Greater Chennai Corporation, Kodambakkam, Chennai - 600 024.

3.The learned counsel appearing for the petitioner has submitted that on 15.05.2010, the petitioner gave birth to a female child, who was named as L.Vinoba. Instead of recording the names of the mother, father and child as Snekalatha, Lakshmanan and Vinoba respectively, the hospital staff has wrongly record as Chitra, Lakshmanan and Vinoba respectively. The 2nd respondent has also issued the Birth Certificate on 21.06.2013 with the name of the mother as Chitra instead of Snekalatha based on the hospital records.

4.The learned counsel has stated that when the petitioner noticed that her name has been wrongly entered as Chitra instead of Snekalatha, a detailed representation has been given on 11.05.2017 to the hospital authorities for rectifying the error, enclosing the copies of the Ration Card, Voter's ID and Aadhar Card as proof. All the proof submitted by the petitioner/mother clearly indicates the name of the petitioner/mother as Snekalatha and not Chitra. Till date, no action has been taken by the 1st respondent.

5.The Official appearing from the Corporation has also submitted that on the basis of the records received from the ESI Hospital, the Corporation has issued the Certificate, printing the name of the mother as Chitra instead of Snekalatha. The official further has stated that if the petitioner obtains an order from the 1st respondent showing the correct name of the mother/petitioner as Snekalatha, they have no objection for correcting the details and issuing a fresh Certificate. 6.As the Ration Card, Voter's ID and Aadhar Card issued to the petitioner's family clearly mentions the name as Snekalatha, the 1st respondent is hereby directed to entertain the representation of the petitioner dated 11.05.2017, on the basis of the aforementioned proof submitted by the petitioner and issue a fresh Certificate after correcting the name of the mother/petitioner as Snekalatha, within a period of one week from the date of receipt of a copy of this order. 7.In the result, the Writ Petition is allowed as prayed for. No costs.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar va

To

1. The Chief Medical Officer, ESIC Hospital (MD), K.K.Nagar, Chennai - 600 078.

2. The City Health Officer, Department of Public Health, Zone-9, Division 131, Corporation of Chennai.

+1cc to Mr.V.Gabriel, Advocate, S.R.No.27112 W.P.No.22030 of 2017 CS/24/04/18