Dr.Shanti Prasanna v. Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2022

CORAM

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE Dr.(Mrs.) Shanti Prasanna ... Petitioner Vs.

1.Commissioner, Salem Municipal Corporation, Salem - 636 001.

2.Registrar of Births, Death & Marriage, O/o Inspector General of Registration, Santhome High Road, Chennai - 600 028.

3.The Assistant Health Officer, Registration of Births and Deaths, Public Health Department, Salem Municipal Corporation, Salem - 636 001.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the 2nd and 3rd respondent herein to act on the petitioner's representation dated 02.04.2022 and issue a birth certificate in appropriate form.

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For Petitioner :

Mr.B.Satish Sundar For Respondents :

Ms.N.Devi Standing Counsel for R1 and R3 Mr.T.Seenivasan Special Government Pleader for R2

O R D E R

This Writ petition has been filed for a Mandamus seeking for a direction to the second and third respondents to act on the petitioner's representation dated 02.04.2022 seeking for issuance of Birth Certificate in the name of the petitioner.

2. It is now brought to the notice of this Court by the learned counsel for the petitioner that the petitioner has received a communication from the second respondent requesting the petitioner to approach the third respondent for Non-Registration of the Birth Certificate and after obtaining the said certificate, approach the DRO, Salem for issuance of Birth Certificate in the name of the petitioner.

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3. Learned counsel for the petitioner on instructions would submit that the petitioner is agreeable to the same.

4. After recording the submission made by the learned counsel for the petitioner, this Court directs the third respondent to consider the petitioner's representation dated 02.04.2022 requesting for a non-registration of Certificate and pass final orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this Order. On receipt of the said certificate from the third respondent, the petitioner shall give a fresh representation to the DRO, Salem requesting for issuance of Birth Certificate in her name within a period of one week from the date of passing of the final order by the third respondent. On receipt of the said representation, the DRO, Salem shall pass final orders on the petitioner's representation within a period of four weeks thereafter. 3 / 5

5. With the above said directions, this Writ Petition stands disposed of. No Costs.

11.07.2022 Index : Yes/No Speaking Order : Yes / No ab To 1.Commissioner, Salem Municipal Corporation, Salem - 636 001.

2.Registrar of Births, Death & Marriage, O/o Inspector General of Registration, Santhome High Road, Chennai - 600 028.

3.The Assistant Health Officer, Registration of Births and Deaths, Public Health Department, Salem Municipal Corporation, Salem - 636 001.

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ABDUL QUDDHOSE. J., ab 11.07.2022 5 / 5