V.Manishkumar, v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.10.2016
CORAM
The Honourable MR. JUSTICE N.KIRUBAKARAN W.P. No.36076 of 2016 V.Manishkumar
...Petitioner
Vs 1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.
2.The Zonal Officer, Department of Birth and Death Registration, Egmore, Chennai - 600 008.
3.The Dean, Government Maternity Hospital, Egmore, Chennai.
...Respondents
[Impleaded as 3rd respondent as per order of this court dated 17.10.2016] Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent to issue birth certificate to the petitioner based on his application dated 19.07.2016 forthwith. For Petitioner : Mr.N.Anand For R-1 & R-2 : Mr.P.V.Selvakumar Addl. Govt. Pleader For R-3 : Mr.V.Jayaprakash Narayanan Special Govt. Pleader
O R D E R
By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
2. Since the petitioner is stated to have born on 27-04-
1988 at Government Maternity Hospital, Egmore, Chennai, this Court, suo moto impleads the said hospital,i.e. The Dean, Government Maternity Hospital, Egmore, Chennai as the third respondent in this petition.
3. Mr.P.V.Selvakumar, Additional Government Pleader takes notice for the first & second respondents and Mr.V.Jayaprakash Narayanan, learned Special Government Pleader takes notice for the third respondent.
4. The case of the petitioner is that he was born on 27-041988 at Government Maternity Hospital, Egmore, Chennai. However, his birth was not registered with the Corporation. Since the petitioner is a qualified person and intends to go abroad, the passport authorities are insisting for birth certificate for issuing passport to the petitioner. Hence,the petitioner is before this court by way of this writ petition.
5. Birth certificate can be issued by the Corporation of Chennai only on obtaining a communication from the hospital where the petitioner was born. In this case, it is stated that the petitioner was born on 27.04.1988 at Government Maternity Hospital, Egmore, Chennai.
6. In view of the above, it is appropriate to direct the petitioner to give a representation to the newly impleaded third respondent, giving all relevant details and on receipt of such representation, the third respondent is directed to pass appropriate orders, on merits and in accordance with law, within a period of six (6) weeks from the date of receipt of a copy of the representation.
7. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rgr
To 1.The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 600 003.
2.The Zonal Officer, Department of Birth and Death Registration, Egmore, Chennai - 600 008.
3.The Dean, Government Maternity Hospital, Egmore, Chennai.
+1cc to Mr.P.V. Selvakumar, Advocate, S.R.No.58705 +1cc to Mr.N. Anand, Advocate, S.R.No.58635 +1cc to the Government Pleader, S.R.No.58555 SKV(CO) EU 08.12.16 W.P.No.36076 of 2016