Madras High CourtWP/13745/2017disposed of

M.Vijayakumar v. The Registrar Of Births And

2017-06-20Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 20.06.2017

CORAM

THE HONOURABLE MR.JUSTICE M.DURAISWAMY W.P.No.13745 of 2017 M.Vijayakumar .. Petitioner

Versus

The Registrar of Births and Deaths, Salem City Municipal Corporation, Salem, Salem District.

.. Respondent Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondent herein to issue the Birth Certificate afresh after changing the name of the petitioner's daughter as V.MAKILMATHI instead of V.RIDHANYA as per the publication made in the Government Gazette, dated 15.02.2017 forthwith and also make necessary corrections in the Birth register maintained by the respondent herein.

For Petitioner : Mr.M.R.Jothimanian For Respondents : Mrs.K.Bhuvaneswari Government Advocate - - -

O R D E R

The petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the respondent to issue the Birth Certificate afresh after changing the name of the petitioner's daughter as V.MAKILMATHI instead of V.RIDHANYA as per the publication made in the Government Gazette, dated 15.02.2017 and also make necessary corrections in the Birth register maintained by the respondent.

2. The learned counsel for the petitioner submitted that the petitioner gave a representation, dated 23.01.2017, requesting the respondent to change his daughter's name as V.MAKILMATHI in her Birth Certificate and that the respondent has not considered the same yet. Further, the learned counsel submitted that the ratio laid down in the order dated 07.01.2016 passed in W.P.No.30766 of 2015, squarely applies to the facts and circumstances of the present case.

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3. The learned Government Advocate appearing for the respondent submitted that the respondent may be directed to consider the petitioner's representation, dated 23.01.2017 and pass orders in accordance with law, within a time frame.

4. Having regard to the submissions made by the learned counsel on either side and without expressing any opinion with regard to the merits of the case, I direct the respondent to consider the petitioner's representation, dated 23.01.2017 in the light of the order passed by this Court in W.P.No.30766 of 2015, dated 07.01.2016 and also the judgment, dated 10.06.2016 passed in W.A.No.670 of 2016 reported in 2016 (4) CTC 868 and pass orders, within a period of four weeks from the date of receipt of a copy of this order.

5. With the above observation, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rns To The Registrar of Births and Deaths, Salem City Municipal Corporation, Salem, Salem District.

+1 cc to Mr.M.R.Jothimanian Advocate sr 43170 +1 cc to Ms.K.Bhuvaneswari Advocate sr 43148 W.P.No.13745 of 2017 kgk(co) aa23/06/2017 https://hcservices.ecourts.gov.in/hcservices/