K.Madhaiyan v. The Thasildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.02.2021
CORAM:
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.18969 of 2020 K.Madhaiyan ... Petitioner Vs.
1. The Thasildar, Taluk Office, Palacode Taluk, Dharmapuri District.
2. The Village Administrative Officer, Belarahalli, Palacode Taluk, Dharmapuri District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the respondents herein to forthwith issue the revised Birth Certificate to the child Babyshree born on 15.02.2017 and registered in No.44 of 2017 after carrying out necessary changes by incorporating the details of the petitioner Mathaiyan and his wife Gnanam as the adoptive Father and Mother with permanent residential address of parents as D.No.37, Nagamarai Road, Pennagaram Town & Taluk, Dharmapuri District. For Petitioner : Mr.G.Arul Murugan For Respondents : Mr.K.Parameshwaran Government Advocate
O R D E R
This writ petition has been filed for a mandamus seeking for a direction to the respondents herein to forthwith issue the revised Birth Certificate to the child Babyshree born on 15.02.2017 and registered in No.44 of 2017 after carrying out necessary changes by incorporating the details of the petitioner Mathaiyan and his wife Gnanam as the adoptive Father and Mother with permanent residential address of parents as D.No.37, Nagamarai Road, Pennagaram Town & Taluk, Dharmapuri District. 2.Heard Mr.G.Arul Murugan, learned counsel for the petitioner, Mr.K.Parameshwaran, learned Government Advocate for the respondents.
3.According to the petitioner, he and his wife Gnanam adopted Babyshree as their daughter under adoption deed on 27.09.2018. He has submitted an application with the first respondent seeking for issuance of revised Birth Certificate for their adopted daughter Babyshree who was born on 15.02.2017 by incorporating the details of the petitioner as well as his wife Gnanam who are her adoptive parents and also incorporating their residential address as mentioned above.
4.The learned counsel for the petitioner on instructions would submit that the first respondent has issued a notice to the petitioner calling upon him to come for enquiry on 13.01.2021 and produce all the relevant records pertaining to the adoption of Babyshree. According to the petitioner, he and his wife participated in the enquiry on 13.01.2021. According to him, as directed by the first respondent, the petitioner has produced all the relevant documents/records pertaining to Babyshree and orders will have to be passed by the first respondent in the application submitted by the petitioner seeking for issuance of revised Birth Certificate incorporating the details of the adoption.
5.The learned counsel for the petitioner is satisfied if a direction is given by this Court to the first respondent to pass final orders within a time frame to be fixed by this Court. 6.No prejudice will be caused to the first respondent if such a direction is given by this Court.
7.For the foregoing reasons, this Court directs the first respondent to pass a final order on the petitioner's request seeking for issuance of revised Birth Certificate for their adopted child Babyshree by incorporating the details of the petitioner as well as his wife Gnanam and also by incorporating their permanent residential address as D.No.37, Nagamarai Road, Pennagaram Town & Taluk, Dharmapuri District, within a period of four weeks from the date of receipt of a copy of this order. 8.With the aforesaid direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
pam To 1.The Thasildar, Taluk Office, Palacode Taluk, Dharmapuri District.
2.The Village Administrative Officer, Belarahalli, Palacode Taluk, Dharmapuri District.
+1 cc to M/s.G.Arulmurugan, Advocate Sr.No. 10675 W.P.No.18969 of 2020 AAB(CO) RMP(15/03/2021)