G.Chithiresenan v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.10.2022 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.27070 of 2022 G.Chithirasenan ....
Petitioner -VsThe Commissioner Greater Chennai Corporation Ripon Building, Park Town Chennai 600 003.
....
Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to issue the corrected birth certificate of the petitioner daughter C.Jeevitha, born on 15.08.2008 by mentioning the father name as G.Chithirasenan instead of Moorthy, pursuant to the petitioner's representation dated 05.09.2022. For Petitioner : Ms.K.Sindhuja For Respondent : Ms.P.T.Ramadevi Standing Counsel
O R D E R
The prayer sought for herein is for a Writ of Mandamus directing the respondent to issue the corrected birth certificate of the petitioner daughter C.Jeevitha, born on 15.08.2008 by mentioning the father name as 1 / 4
G.Chithirasenan instead of Moorthy, pursuant to the petitioner's representation dated 05.09.2022.
2. The petitioner's name is G.Chithirasenan and his daughter's name is C.Jeevitha. However, with the nick name he will be called as Moorthy. Therefore, at the time of birth of his daughter on 15.08.2008, when the particulars were uploaded through on-line by the petitioner instead of giving his original name ie., Chithirasenan, he seems to have uploaded his nick name Moorthy. Therefore, that name was registered by the respondent Corporation and accordingly the birth certificate of his daughter with the name of the father of the child as Moorthy was issued. In order to correct the entry made in the certificate, the petitioner had given a representation on 05.09.2022 to the respondent Corporation. However, since the same has not been considered, he filed the present writ petition.
3. Heard Ms.K.Sindhuja, learned counsel for the petitioner and Ms.P.T.Ramadevi learned Standing Counsel for the respondent Corporation.
4. Learned Standing Counsel for the respondent Corporation, on instructions would submit that, only based on the information furnished by the petitioner the birth certificate was given to the daughter of the petitioner, where 2 / 4
the name of the petitioner who is the father of the child was mentioned only as Moorthy as given by him and therefore in this regard, if his name is Chithirasenan and if he seeks any amendment in the said birth certificate issued by the Chennai Corporation, the necessary documents to establish that the petitioner's name is only Chithirasenan shall be produced to the respondent and by considering those documents the claim made by the petitioner through his representation would be considered and orders to that effect would be passed within a time frame that may be stipulated by this Court.
5. In view of the aforesaid submissions made by the learned Standing Counsel and having regard to the submissions of the learned counsel for the petitioner, and taking into account the factual matrix of the matter, this Court is inclined to dispose of this writ petition with the following order. "That there shall be a direction to the respondent to consider the representation of the petitioner dated 05.09.2022, and after getting necessary further or additional input regarding the claim made by the petitioner that his name is Chithirasenan and not Moorthy, the respondent shall pass orders thereon on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order." 3 / 4
R. SURESH KUMAR, J.
KST
6. With the above direction, this writ petition is disposed of. No costs. 11.10.2022 Index : Yes/No Internet : Yes/No KST To The Commissioner Greater Chennai Corporation Ripon Building, Park Town Chennai 600 003.
W.P.No. 27070 of 2022 4 / 4