N.Govindaraj v. The Commissioner
2024:MHC:2132
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.06.2024
CORAM
THE HONOURABLE DR.JUSTICE ANITA SUMANTH & WMP.No.13953 of 2024 1.N.Govindaraj 2.G.Prema .... Petitioners Vs 1.The Commissioner, Chengalpattu Municipality, Chengalpattu-603301.
2.The Registrar, Birth & Death Registration, Chengalpattu Municipal, Chengalpattu-603301.
.... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents herein to consider the petitioner's representation dated 18-03-2024 and 27/03/2024 consequently direct the respondents to issue a correct birth certificate mentioning the correct fathers' and mother's name and in respect of the birth certificate registration No.2690, date of registration 21-06-1996 1/4
issue in favour of the petitioner's son G.Gokulnath within the time stipulated by this court.
For Petitioners : Mr.N.Selvaraj For Respondents : Mr.P.Harish Government Advocate
O R D E R
WMP No.13953 of 2024 filed seeking permission to file a single Writ Petition is ordered on payment of separate Court fee.
2. Mr.P.Harish, learned Government Advocate accepts notice for the respondents and is armed with instructions to enable final disposal of this Writ Petition even at the stage of admission.
3. The petitioners seek a mandamus directing the respondents to consider their representations dated 18.03.2024 and 27.03.2024, wherein they have sought issuance of a birth certificate mentioning the correct name of the father and mother in respect of a birth registered on 21.06.1996 under registration No.2690 in respect of a child, G.Gokulnath.
4. It is the petitioners' case that the child G.Gokulnath was born in Chengalpet Government Hospital in 1996. They state that the first petitioner's brother-in-law and his wife were requested to get the birth certificate of the child from the hospital. The birth certificate has been obtained, but contains the names of Muniyandi and Savithri as father and 2/4
mother of the child. The certificate has been registered by the Commissioner, Chengalpet Municipality/R1 in registration No.2690 on 21.06.1996.
5. Aggrieved by the non-mention of their names in the birth certificate, the petitioners have given representations dated 18.03.2024 and 27.03.2024 seeking amendment of birth certificate incorporating their names as father and mother of the child.
6. Mr.P.Harish, on instructions, would accede to the pendency of the representations before the respondents and would have no objection to a mandamus being issued.
7. Hence, mandamus is issued to R1 to consider the representations of the petitioners after issuing notice to both the petitioners as well as to Muniyandi and Savithri, as their version of the events would have to be ascertained as well. For this purpose, the petitioners are directed to provide the present addresses of Muniyandi and Savithri.
Dr.ANITA SUMANTH,J.
8. It is made clear that if the petitioners do not cooperate in this 3/4
regard, then there would be a stalemate and their representations will stand undisposed.
9. Upon receipt of the particulars from the petitioners, R1 is directed to issue notice to all the parties, hear them and thereafter dispose representations dated 18.03.2024 and 27.03.2024 in accordance with law and all applicable rules and regulations, within a period of eight (8) from date of receipt of complete particulars from the petitioners.
10. This Writ Petition is disposed as above. No costs. 03.06.2024 Sl Index:Yes/No Speaking order:Yes To 1.The Commissioner, Chengalpattu Municipality, Chengalpattu-603301.
2.The Registrar, Birth & Death Registration, Chengalpattu Municipal, Chengalpattu-603301.
& WMP.No.13953 of 2024 4/4