B.Paavalan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.09.2021

CORAM:

THE HONOURABLE Mr. JUSTICE N.ANAND VENKATESH W.P. No. 18851 of 2021 B. Paavalan No.S-1, Nest Swank Block - 4, Alamelumangapuram Coony Sozhinganallur, Chennai - 600 119.

...

Petitioner Vs.

1.The Commissioner, Greater Chennai Corporation, Chennai - 600 003.

2. The City Health Officer, (In-Charge) Greater Chennai Corporation, Chennai - 600 003.

3. The Authorized Signatory, A4 Hospital, No:10/1, Radhakrishnan Salai, Valasaravakkam Chennai - 600 087.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, for issuance of a writ of mandamus directing the 1st respondent to take appropriate action against the officials of the 2nd respondent who have granted Birth Certificate of petitioner's female child namely Sanjanaa who born on 02.04.2019 vide Registration No. B-2019-33-164754000175 dated 15.04.2019 based on the petitioner's representation dated 21.08.2021.

For Petitioner : M/s.P. Krishnamurthy For Respondents: M/s. P.T. Ramadevi Standing counsel for R1, R2

O R D E R

This writ petition has been filed for the issue of a writ of mandamus directing the respondents to act upon the representation made by the petitioner on 21.08.2021, wherein, the petitioner has sought for the correction in the Birth

Certificate with regard to the name of the Father, which has been wrongly mentioned as Mr.Vignesh Kumar instead of Paavalan.

2. The case of the petitioner is that he was married to one Kushboo on 20.07.2018 and out of the said wedlock, a female child was born on 02.04.2019 in the 3rd respondent Hospital. The child was named as Sanjanaa and while giving the particulars for securing the Birth Certificate for the child, the name of the petitioner was given as Paavalan. However, while issuing the Birth Certificate, the name of the Father was wrongly mentioned as Vignesh Kumar instead of Paavalan.

3. The petitioner therefore made requests to the respondents to make the correction and issue a fresh Birth Certificate and since it did not evoke any response, a representation was made on 21.08.2021 to the respondents and this also did not yield any result and as a result of the same, the petitioner has approached this Court seeking for appropriate directions.

4. Heard Mr.P.Krishnamurthy the learned counsel for the petitioner and Ms.P.T. Ramadevi the learned standing counsel for the respondents 1 and 2.

5. Taking into consideration the facts and circumstances of the case, and all the other documents that have been filed along with the writ petition, there shall be a direction to the 2nd respondent to consider the representation made by the petitioner on 21.08.2021 and scrutinize all the relevant documents and if there is a genuine mistake, the correction shall be carried out in the Birth Certificate by mentioning the Father of the child as B.Paavalan and a fresh Birth Certificate shall be issued within a period of four weeks from the date of receipt of a copy of this order.

6. The petitioner is directed to make a fresh representation to the 2nd respondent along with all the relevant documents and also a copy of this order.

7. This writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar RAP/RR

To

1. The Commissioner, Greater Chennai Corporation, Chennai - 600 003.

2. The City Health Officer, (In-Charge) Greater Chennai Corporation, Chennai - 600 003.

+1cc to Mr.P.T.Ramadevi, Advocate SR.No. 45586 W.P.No. 18851 of 2021 KSM(CO) A.SK(20.09.2021)