S.Rajayogi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.12481 of 2022 S.Rajayogi Petitioner vs.

1.The District Collector, Namakkal District, Namakkal.

2.The Executive Officer, Selection Grade Municipality, Vellore, Namakkal District.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the 2nd respondent to issue a new birth certificate with the corrected date of birth of 29.05.1982 instead of wrong date of birth of 28.06.1982 on the basis of petitioner's representation to the respondents on 19.05.2021.

For Petitioner : Mr.R.Ramasamy For Respondents : Mr.S.Arumugam Government Advocate for R1 Mr.C.Jayaprakash for R2

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the 2nd respondent to make necessary corrections in the Birth Certificate and correct the date of birth from 28.06.1982 to 29.05.1982.

2.Heard Mr.R.Ramasamy, learned counsel appearing on behalf of the petitioner, Mr.S.Arumugam, learned Government Advocate appearing on behalf of the 1st respondent and Mr.C.Jayaprakash, learned counsel appearing on behalf of the 2nd respondent.

3.The petitioner has mentioned in his SSLC Certificate and in other documents that his date of birth is 29.05.1982. However, the Birth Certificate shows that the date of birth is 28.06.1982. According to the petitioner, there is a mistake in the date that has been entered in the Birth Certificate. Hence, representation was made to the 2nd respondent to correct the date of birth and to issue a fresh Certificate with the corrected date of birth. Since the same was not considered, the present writ petition has been filed before this Court.

4.In the considered view of this Court, it will suffice if a direction is issued to the 2nd respondent to deal with the application submitted by the petitioner in line with

Rule 11 of the Tamil Nadu Registration of Births and Deaths Rules, 2000. It is left open to the petitioner to produce the relevant document and the same shall be considered and a decision shall be taken with respect to the correction of the date of birth in the Birth Certificate. This process shall be completed, within a period of three months from the date of receipt of copy of this order. 5.This writ petition is disposed of in the above terms. No Costs. 15.06.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No ssr To 1.The District Collector, Namakkal District, Namakkal.

2.The Executive Officer, Selection Grade Municipality, Vellore, Namakkal District.

N. ANAND VENKATESH, J.

ssr W.P No.12481 of 2022 15.06.2023