C.Jayaram, Head Master v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.11.2021

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.10203 of 2017 C.Jayaram

...Petitioner

..Vs..

1. The Collector, Thiruvallur District, Thiruvallur.

2. The Tahsildar, Pallipattu Taluk, Thiruvallur District.

3. The Village Administrative Officer, Kakkalur Village, Pallipattu Taluk, Thiruvallur District.

4. The Revenue Divisional Officer, Tiruttani.

(R4 Impleaded as per order dated 28.07.2017 in WMP No.19071/2017 in WP.No.10203 of 2017)

...Respondents

PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 2nd respondent to issue a Birth Certificate stating that the petitioner was born on 29.07.1963 to the petitioner after conducting an enquiry at the native village of the petitioner namely Kakkalur Village, Pallipattu Taluk, Tiruvallur District. For Petitioner : Mr.A.Rajesh Kanna For Respondents : Mr.K.M.D.Muhilan, Government Advocate

ORDER

This Writ Petition has been filed to direct the 2nd respondent to issue a Birth Certificate stating that the petitioner was born on 29.07.1963, after conducting an enquiry

at the native village of the petitioner namely Kakkalur Village, Pallipattu Taluk, Tiruvallur District.

2. According to the petitioner, he was originally born on 29.07.1963, but it has been wrongly registered as 29.07.1959, while admitting in the School by his parents who were illiterate and were not aware of the registration of birth and death. According to the petitioner, in the year 2016 he traced out his horoscope wherein, his date of birth was mentioned as 29.07.1963. Therefore, the petitioner approached the concerned Sub-Registrar, Pallipattu and requested to issue Birth Certificate with correct date of birth, who in turn suggested him to approach the second respondent. When the petitioner approached the second respondent, by letter dated 10.01.2017, the second respondent informed the petitioner that since the records at SRO office did not mention about his registration of birth, no Birth Certificate as requested by the petitioner could be issued. In such circumstances, the petitioner has approached this Court by way of the present writ petition.

3. The learned Government Advocate appearing for the respondents would submit that the Petitioner retired as a Head Master and while working as such during the year 2017 only he learnt that he was born on 29.07.1963 by virtue of horoscope and except horoscope, no documentary evidence was produced by the petitioner in support of his claim and further the petitioner made claim very belatedly and hence the same is liable rejected.

4. The petitioner seeks for alteration of his date of birth at the age of 58 years, i.e. at the verge of his retirement and though he was working as teacher, during the course of his employment, he has not taken effort to change the date of birth within five years from the date of joining. Merely, based upon his horoscope, the petitioner claimed that he was born on 29.07.1963 and no relevant document to support his claim has been filed. It is well settled in catena of decisions both by the Hon'ble Supreme Court and the various High Courts that stale claims and belated applications for alteration of date of birth recorded in the service book at the time of initial entry, made after unexplained and inordinate delay, on the eve of retirement, need to be scrutinized carefully and ordinarily the Courts should not, in exercise of their discretionary writ jurisdiction, entertain a writ petition filed by an employee at the fag-end of his service, with the avowed object of continuing in service beyond normal period of his retirement.

5. For the foregoing reasons and in the absence of documentary evidence produced by the petitioner except horoscope, the claim of the writ petitioner cannot be entertained.

6. Accordingly, this Writ Petition fails and the same is dismissed. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Pns To

1. The Collector, Thiruvallur District, Thiruvallur.

2. The Tahsildar, Pallipattu Taluk, Thiruvallur District.

3. The Village Administrative Officer, Kakkalur Village, Pallipattu Taluk, Thiruvallur District.

4. The Revenue Divisional Officer, Tiruttani.

W.P.No.10203 of 2017 GJ[co] NSK 22/12/2021