Madras High CourtWP/11046/2021disposed of

S.Immanuel v. The Commissioner

2021-06-01Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 01.06.2021 Coram THE HONOURABLE MR.JUSTICE R. MAHADEVAN W.P.No.11046 of 2021 S.Immanuel ... Petitioner Vs.

1. The Commissioner, Greater Chennai Corporation,

2. The Health Officer, Department of Health, Greater Chennai Corporation, Chennai 600 003.

3. The Zonal Health Officer Puvi (i/c) Greater Chennai Corporation, General Welfare Department, Birth and Death Section, Ribbon Building, 4.The Zonal Welfare Officer-V, Zone-V, General Welfare Department, Birth and Death Section, Ribbon Building, ...

Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India to issue an order or direction or Writ and in particular Writ of Mandamus, directing the respondents to make correct entry of the petitioner's name as " S.Immanuel" in all the concerned records of the respondents instead of "Sathyanandhan" and also to issue fresh birth certificate to the Petitioner's son namely Prashanth Daniel.

For Petitioner : Mr.R.Malaichamy For respondents : Mr.M.Ganesh, Counsel for Corporation

ORDER

According to the petitioner, his name 'S.Immanuel' was mistakenly mentioned as 'Sathyanandhan' as father of his son Prashanth Daniel, in the birth certificate dated 30.11.1995 issued by the second respondent, though the name of his wife was correctly stated as 'Anitha', as the mother of his son. Hence,

he made a representation dated 12.02.2021 to the respondents to make correction with respect to the name of the father and issue a fresh birth certificate in favour of his son. On receipt of the same, the third respondent by letter dated 08.03.2021 directed the fourth respondent to take action on the same. However, till date, no steps have been taken. Therefore, the petitioner has no other option except to file this writ petition seeking a mandamus to issue appropriate direction to the respondents in this regard.

2.Heard Mr.R.Malaichamy, learned counsel for the petitioner and Mr.M.Ganesh, learned counsel taking notice for the respondents and also perused the documents enclosed in the typed set of papers.

3.Considering the limited relief sought in this writ petition, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner dated 12.02.2021 seeking correction in the birth certificate issued by the second respondent in favour of his son, with respect to the father's name/petitioner, and pass appropriate orders, on merits and in accordance with law, after providing an opportunity of hearing to the petitioner, within a period of four weeks from the date of receipt of a copy of this order.

4.With the above direction, the writ petition is disposed of. No costs.

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

1. The Commissioner, Greater Chennai Corporation,

2. The Health Officer, Department of Health, Greater Chennai Corporation,