← Library
Madras High CourtWP/11343/2023disposed of

Adeesa Zia.M v. The Registrar Of Births And Deaths

2023-04-13Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.04.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI Adeesa Zia M ... Petitioner Vs.

The Registrar of Births and Deaths, Villupuram Municipality, Villupuram -605 602.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ or Direction or order or any other Writ in the nature of a Writ of Mandamus, directing the Respondent herein to dispose the Petitioner's representation dated 05.01.2023 and consequently to cancel the birth certificate dated 07.06.2012 by the Respondent herein to the Petitioner. For Petitioner :

Mr.K.Mohammed Hydher Ali For Respondents :

Mr.A.Alagu Goutham, Government Advocate **** 1/4

ORDER

This Writ Petition has been filed for a direction to the Respondent to dispose of the petitioner's representation dated 05.01.2023 and for a consequential direction to cancel the birth dated 07.06.2012 which was issued to the petitioner.

2. Mr.A.Alagu Goutham, learned Government Advocate takes notice for the respondent.

3. It is the case of the petitioner that she is the resident of Puducherry. Though the petitioner was born at Puducherry, the registration of birth was done at Villupuram Municipality wherein, her place of birth has been wrongly intimated as Villupuram in the birth Certificate. In order to rectify the said error, the petitioner made a representation dated 05.01.2023 seeking to cancel her birth certificate. However, till date, the same has not been considered. Hence, the petitioner has come up with this Writ Petition.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to 2/4

the respondent to consider the petitioner's representation dated 05.01.2023 seeking cancellation of the birth certificate issued in favour of the petitioner within the time that may be stipulated by this Court.

5. On the above contention, this Court heard the learned Government Advocate appearing for the respondent.

6. In view of the limited relief sought for the petitioner, this Court without going into the merits of the case, directs the respondent to consider the representation dated 05.01.2023 seeking cancellation of her birth certificate and pass appropriate orders on the same in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

7. This Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs.

13.04.2023 Index : Yes / No Speaking order / Non speaking order Netrual Citation Case : Yes / No NHS 3/4

M.DHANDAPANI, J.

NHS To The Registrar of Births and Deaths, Villupuram Municipality, Villupuram -605 602.

13.04.2023 4/4