R.Anand v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.03.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.6536/2015 & MP.No.1/2015 R.Anand ..

Petitioner

Versus

1.The Commissioner Corporation of Chennai Rippon Buildings, Park Town Chennai 600 003.

2.The Assistant Health Officer, Zone 8, Corporation of Chennai Shenoy Nagar, Chennai 600 110.

..

Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the 2nd respondent to rectify the clerical error found in the date entry available in the website i.e, www.chennaicorporation.gov.in realting to the spelling mistake of names of parents R.Anand in the place of Ananth, and name of mother as Sumathi in the place of Sumathy for birth entry of male child by name A.A.Rajesh Masilamani born on 24.12.1997 [Birth and Death Registrar Zone V] and computer entry of Registration No.B4734809904/2015 and incorporate the name of the father R.Anand and fill up the blank for birth entry of male child by name A.A.Suresh Rajan Masilamani born on 27.03.2001 and computer entry Registration No.B4728000098/2014 and make them available in the above website.

For Petitioner :

Mr.J.R.K.Bhavanantham For R1 & R2 :

Mr.P.V.Selvakumar, Standing Counsel for Chennai Corporation

ORDER

Heard Mr.J.R.K.Bhavanantham, learned counsel appearing for the petitioner ; and Mr.P.V.Selvakumar, learned standing counsel accepting notice for the respondents/Corporation and with their consent, the writ petition is disposed of at the admission stage itself.

2.The petitioner has filed this writ petition to effect corrections in the Birth Certificate issued to his sons A.A.Suresh Rajan Masilamani and A.A.Rajesh Masilamani. The petitioner would state that his name is missing in the Birth Certificate issued to his elder son A.A.Suresh Rajan Masilamani vide Certificate dated 12.12.2014. In respect of the Birth Certificate given to his younger son A.A.Rajesh Masilamani dated 05.01.2015, it is stated that the petitioner's name and his wife name have wrongly been spelt.

The petitioner has produced the handwritten Birth Certificate issued for his sons wherein the names of the petitioner as well as his wife, have been correctly mentioned and the spelling is also correct.

Therefore, the petitioner has sent a representation to effect the corrections of these clerical mistakes. Since the same was not considered within a reasonable time, the petitioner is before this Court.

3.Learned counsel for the petitioner would submit that in terms of section 20 of the Tamil Nadu Registration of Birth and Death Act, the authorities concerned are empowered to effect corrections of the clerical errors.

4.Learned counsel appearing for the respondents would submit that reasonable time may be granted to the respondents to effect corrections.

5.In the light of the above, there will be a direction to the respondents to consider the petitioner's representation dated 03.01.2015 to correct the Birth Certificates issued to the petitioner's sons by inserting his name in the Birth Certificate dated 12.12.2014 and correcting the spelling mistakes in the Birth Certificate dated 05.01.2015. The above direction shall be complied with by the respondents within a period of six weeks from the date of receipt of a copy of this order.

6.The writ petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar AP

To 1.The Commissioner Corporation of Chennai Rippon Buildings, Park Town Chennai 600 003.

2.The Assistant Health Officer, Zone 8, Corporation of Chennai Shenoy Nagar, Chennai 600 110.

2 ccs to Mr.J.R.k. Bhavanantham, Advocate, sr. 13222 WP.No.6536/2015 SCD (CO) kk 19/3