Vazhamuni v. The Under Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.12.2020

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.14810 of 2020 (Heard through VC) Vazhamuni S/o Madanabalane

...Petitioner

vs

1. The Under Secretary to Government, Public (Foreigners) Department, Government of Tamil Nadu, Chennai - 600 005.

2. The Zonal Deputy Tahsildar, Villupuram, Villupuram District.

3. The Zonal Deputy Tahsildar, Vikiravaandi, Villupuram District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to append the Birth Certificate of the petitioner's father, bearing registration No.8/5 issued by the 2nd respondent and further direct the respondents 1 and 3 to append the Birth Certificate of the petitioner's Grand Mother, bearing Registration No.7/35 issued by the 3rd respondent, with signature, followed by name and the official designation seal, in light of the direction given by this Court in W.P.No.5047/2019 and in W.P.No.6385/2019.

For Petitioner : Mr.B.Balavijayan For Respondents : Mr.P.V.Selvakumar Additional Government Pleader

O R D E R

The writ petition has been filed seeking a direction to the respondents 1 and 2 to append the Birth Certificate of the petitioner's father, bearing registration No.8/5 issued by the 2nd respondent and further to direct the respondents 1 and 3 to append the Birth Certificate of the petitioner's Grand Mother, bearing Registration No.7/35 issued by the 3rd respondent, with

signature, followed by name and the official designation seal, in light of the direction given by this Court in W.P.No.5047/2019 and in W.P.No.6385/2019.

2. The petitioner was born in Pondicherry in the year 04.12.1986. Since the petitioner's grand parents belonged to French Nationality, his father naturally gained the status of French Nationality. Hence, the petitioner applied before the French Government to get the status of French Nationality and the matter was adjudicated before the High Court of Paris. The documents, so produced before the High Court of Paris, are to be appended by the authority in India. Insofar as the Pondicherry Government is concerned, the authority, who apostle and attest, will make his signature followed by his name, affixed by his official seal, whereas, in Tamil Nadu, the authority, who apostle and attest, make his signature and affix the official seal, but the name of the authority does not find place.

The petitioner has obtained the birth certificates of his father and grandmother from the second and third respondents, respectively. In the said certificates, the respondents/ authorities, who had signed and affixed the official designation, have not mentioned their name. Due to the same, the High Court of Paris had declined to consider the petitioner's claim, questioning the genuineness of the documents. Unless the name of the respondents-authorities is mentioned in the documents, the petitioner was unable to produce the same before the High Court of Paris. Hence, the petitioner is constrained to file this writ petition.

3. The learned Additional Government Pleader has produced a letter in No.5593/Fors.III/2020-1 dated 27.10.2020 issued by the Principal Secretary to Government (FAC), as per which, it is stated that from 10.09.2020 onwards, all the certificates were authenticated by the Government by indicating the name of the authority, authenticating the certificates, after verifying the genuineness of the certificates from the Document Issuing Authority. Therefore, if the petitioner approaches the Government with the original certificates along with supporting documents, the same will be authenticated with the name of the authority authenticating the certificates, by following the due procedures.

4. The learned counsel appearing for the petitioner also states that the documents have been received in the form as required by the petitioner.

5. Recording the same, the writ petition is closed. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rsi To

1. The Under Secretary to Government, Public (Foreigners) Department, Government of Tamil Nadu, Chennai - 600 005.

2. The Zonal Deputy Tahsildar, Villupuram, Villupuram District.

3. The Zonal Deputy Tahsildar, Vikiravaandi, Villupuram District.

W.P.No.14810 of 2020 NRJK(CO) KKV/05/01/2020