Jackuline v. Zonal Health Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Jackuline ... Petitioner Vs.

1.Zonal Health Officer Birth and Death Section Public Health Department Greater Chennai Corporation Office Ribbon Building Chennai, Tamil Nadu 600 003.

2.The District Collector The Collector Office No.62, Rajaji Salai, Fourth Floor Chennai Collectorate Chennai 600 001.

....Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to consider the petitioner representation dated 20.06.2024, to correct the error and insert the place of 1/5

birth of the petitioner's son as 'Vadodara, Gujarat State' in the 'place of No.75, 'Y' Block, 13th Main Road, Anna Nagar, Chennai 600 040' and issue the fresh corrected birth certificate to the petitioner's son, within the stipulated time. For Petitioner : Ms.Yukshita for Mr.G.M.Gokulram For Respondents : Ms.Vanitha Joice Rani for R1 Mr.V.P.R.Elamparithi for R2 Additional Government Pleader

ORDER

This Writ Petition is filed for a mandamus directing the respondents to consider the petitioner's representation dated 20.06.2024 and to correct the error and insert the place of birth of the petitioner's son as 'Vadodara, Gujarat State' in the place of No.75, 'Y' Block, 13th Main Road, Anna Nagar, Chennai 600 040.

2. When the matter came up for hearing, the learned counsel appearing on behalf of the first respondent-Registering Authority would submit that the certificate is issued only as per the entry made in the portal 2/5

pursuant to the declaration that is made by the petitioner themselves before the concerned Magistrate Court. The same cannot be now altered by the first respondent. If the birth place is 'Vadodara, Gujarat State' then the entry of birth itself cannot be made by the first respondent. They should have made the entry only before the appropriate Authority in Gujarat State.

3. Considering the said submissions made by the learned counsel for the first respondent, the Writ Petition is disposed of on the following terms;

(i) if the petitioner approaches the appropriate Authority in the State of Gujarat, be that the Registering Authority or the Jurisdictional Magistrate and files any appropriate application, the mere fact that the birth certificate is issued by the first respondent shall not come in the way, if the petitioner otherwise satisfies the appropriate authority that they are born only in 'Vadodara' and as and when such a certificate is granted, this birth certificate will be deemed to be cancelled.

(ii) No costs.

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dna To 1.The Zonal Health Officer Birth and Death Section Public Health Department Greater Chennai Corporation Office Ribbon Building Chennai, Tamil Nadu 600 003.

2.The District Collector The Collector Office No.62, Rajaji Salai, Fourth Floor Chennai Collectorate Chennai 600 001.

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D.BHARATHA CHAKRAVARTHY , J.

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