Madras High CourtWP/20429/2020disposed of

Shiva Vr v. The Commissioner

2021-01-05Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.01.2021 C O R A M THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.NO.20429 OF 2020 Shiva VR ... Petitioner Vs.

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

2. Registrar of Birth and Death Greater Chennai Corporation.

Rippon Building, Chennai - 600 003.

3. City Health Officer, Greater Chennai Corporation, Rippon Building, Chennai - 600 003.

4. The Zonal Welfare Officer, Zonal Office - VIII, Department of Birth and Death, Pulla Avenue, Shenoy Nagar, Chennai - 30.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India, for issuance of a writ of mandamus directing the fourth respondent to rectify and amend the petitioner's birth certificate and consequently, issue a copy of the same by considering the petitioner's representation dated 25.11.2020 within a time stipulated by this Court.

For Petitioner :Mr.S.I.Muthiah For Respondents :Mr.Manoj Kumar

O R D E R

Mr.Manoj Kumar, learned counsel accepts notice for the respondents.

2. This writ petition has been filed for a mandamus seeking for a direction to the fourth respondent to rectify and amend the birth certificate of the petitioner based on the petitioner's representation dated 25.11.2020 within a time frame to be fixed by this Court.

3. According to the petitioner, in his birth certificate, his name has been wrongly mentioned. He has given a representation dated 25.11.2020 to the first respondent seeking for correcting the errors found in his birth certificate. It is the case of the petitioner that the first respondent has forwarded his representation to the fourth respondent. But according to the petitioner, till date his representation has not been considered by the fourth respondent. In such circumstances, this writ petition has been filed.

4. Heard Mr.S.I.Muthiah, learned counsel for the petitioner and Mr.Manoj Kumar, learned counsel for the respondent.

5. The relief sought for in this writ petition is an innocuous one. No prejudice will be caused to the respondent, if the representation of the petitioner seeking for correcting errors in his birth certificate is considered on merits and in accordance with law. It is also contended by the petitioner that the first respondent has forwarded the representation of the petitioner to the fourth respondent for necessary action.

6. For the foregoing reasons, this Court directs the fourth respondent to consider the petitioner's representation dated 25.11.2020 seeking for correction of his birth certificate and pass final orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this Order.

7. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar nl