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Madras High CourtWP/16063/2016disposed of

V.Banumathi v. The Commissioner

2016-07-01Honourable Mr Justice M. Jaichandren2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.16063 of 2016 V.Banumathi ... Petitioner Vs.

1. The Commissioner, Corporation of Chennai, Rippon Building, Chennai-600 003.

2. The Registrar, Birth and Death Certificates, Health Department, Corporation of Chennai, Rippon Building, Chennai-600 003.

... Respondents The writ petition is filed under Article 226 of the Constitution of India praying for the issue of a writ of mandamus, directing the respondents 1 and 2 herein to consider the petitioner's representation, dated 02.04.2016 and make necessary corrections in the birth register with respect to the petitioner's mother's name and the petitioner's year of birth within the stipulated period fixed by this Court. For Petitioner : Mr.Swarnam J.Rajagopalan For Respondents : Ms.Karthika Ashok

ORDER

Heard the learned counsel appearing on behalf of the petitioner, as well as the learned counsel, appearing on behalf of the respondents.

2.

This writ petition has been filed by the petitioner, praying that this Court may be pleased to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioner, dated 2.4.2016, and to make the necessary corrections in the birth register, relating to the petitioner's mother's name and the petitioner's year of birth, within the time frame, as fixed by this Court. https://hcservices.ecourts.gov.in/hcservices/

3.

Though various grounds have been raised in the affidavit filed in support of the writ petition, the learned counsel appearing on behalf of the petitioner has submitted that it would suffice, if the second respondent is directed to dispose of the representation, dated 02.04.2016, on merits and in accordance with law, within a specified period. 4.

In view of the averments made in the affidavit filed in support of the writ petition and in view of the submissions made by the learned counsel, appearing on behalf of the petitioner, this Court finds it appropriate to direct the second respondent to dispose of the representation of the petitioner, dated 02.04.2016, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after giving an opportunity of hearing to the petitioner, as well as the other persons concerned, if any. The petitioner shall furnish a copy of the representation, dated 02.04.2016, to the second respondent, along with a copy of this order. However, it is made clear that this Court has not expressed any opinion on the merits of the matter, by passing this order. 5.

The writ petition is disposed of, with the above directions. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar vvk To

1. The Commissioner, Corporation of Chennai, Rippon Building, Chennai-600 003.

2. The Registrar, Birth and Death Certificates, Health Department, Corporation of Chennai, Rippon Building, Chennai-600 003.

+1cc to Ms.Karthika Ashok, Advocate, S.R.No.36998 W.P.No.16063 of 2016 RP(CO) CA(18/07/2016) https://hcservices.ecourts.gov.in/hcservices/