Madras High CourtWP/21228/2021disposed of

Nallani v. The District Registrar

2021-10-04Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2021

CORAM

THE HONOURABLE MR. JUSTICE R. MAHADEVAN W.P. No.21228 of 2021 Nallani .. Petitioner

Versus

The District Registrar, Cuddalore District, Cuddalore .. Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the District Registrar, Cuddalore District, Cuddalore, the respondent herein to consider the petitioner's representation dated 12.2.2020.

For Petitioner : Mr. R. Vinoth Kumar For Respondents : Mr. G. Krishnaraja, Government Counsel

ORDER

According to the petitioner, her mother by name Veeramalle @ Veerammal, was born on 24.06.1924 at Ouppalam Nadaoutchery, Pondicherry, and was issued with a birth certificate dated 28.06.1924 by the Pondicherry Municipality to that effect. Subsequently, in the year 1947, she married one Selvaradjou and gave birth to seven children. The petitioner further averred that since her paternal grandparents viz., Virappane @ Tangavelou and Tillecannou, were French Nationals, by proceedings dated 10.10.1953, the competent authority, upon verification of records and enquiry, transcribed the birth certificates of her father and his two siblings, based on which, one of the elder brothers of the petitioner obtained French Nationality after following due procedure. Hence, the petitioner

made an application enclosing the required documents, to the office of Nationality for issuance of a certificate of French Nationality, but by proceedings dated 12.12.2018, the said application was rejected stating that there is a discrepancy with regard to the age of her mother i.e., in the marriage certificate issued in 1947, her mother's age was mentioned as 23, whereas in the birth certificate of the year 1969 issued to the petitioner, her age was stated as 26. Pointing out that her mother, who was born in the year 1924, should necessarily be of the age 23 in the year 1947 at the time of her marriage, however, due to inadvertent mistake, in the birth certificate issued to the petitioner in the year 1969, her mother's age was stated as 26 and it has to be entered as 45 years, the petitioner sent a representation dated 12.02.

2020 to the respondent, requesting to correct the entry made in her birth certificate, with regard to her mother's age as '45 years'. Finding no response on the same, she has come up with this writ petition seeking appropriate direction to the respondent in this regard.

2.Heard Mr.R.Vinothkumar, learned counsel for the petitioner and Mr.G.Krishnaraja, learned Government Counsel, taking notice for the respondent and also perused the documents enclosed in the typed set of papers.

3.Considering the limited relief sought herein, this court, without going into the merits of the case, directs the respondent to consider the petitioner's representation dated 12.02.2020 in the light of the documents furnished by her and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of eight weeks from the date of receipt of a copy of this order.

4.Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

msr To The District Registrar, Cuddalore District, Cuddalore +1cc to Mr.R.Sidharth, Advocate, S.R.No.52333 +1cc to the Government Pleader, S.R.No.51992 W.P. No.21228 of 2021 PA(CO) SB(27/10/2021)