Ramaswamy Krishnamurthy v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2022 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and WMP.No.29738 of 2022 Ramaswamy Krishnamurthy ...

Petitioner -Vs1. The State of Tamil Nadu Rep. by the Secretary to Government, Department of Health, Fort St. George, Chennai - 600 009.

2. The District Collector, Singaravelar Maligai, 62, Rajaji Salai, Chennai - 600 001.

3. The Dean, Children and Maternity Hospital, Egmore, Chennai - 600 008.

4. The Commissioner of Corporation, Chennai Corporation, 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 fourth respondent herein to issue birth certificate to the petitioner pertaining to his date of birth being 11th day of March, 1954 within a time limit to be fixed by this Court.

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For Petitioner : Mr.Secular S.Arunkumar For Respondents : Mr.U.M.Ravichandran Special Government Pleader [R1 & R3] Mr.R.Kumaravel Additional Government Pleader [R2] Ms.P.T.Ramadevi Standing Counsel [R4]

ORDER

The prayer sought for herein is for a writ of mandamus directing the fourth respondent herein to issue birth certificate to the petitioner pertaining to his date of birth being 11th day of March, 1954 within a time limit to be fixed by this Court.

2. The petitioner had given a representation to the fourth respondent Corporation to seek for birth certificate of the petitioner, who claimed to have been born on 11.03.1954 in the Government Hospital, Egmore, Chennai - 8. The said representation since has not been considered by the respondents, he has approached this Court by filing the present writ petition.

3. Heard Mr.Secular S.Arunkumar, learned counsel appearing for 2/5

the petitioner, Mr.U.M.Ravichandran, learned Special Government Pleader appearing for the respondents 1 and 3, Mr.R.Kumaravel, learned Additional Government Pleader appearing for the second respondent and Ms.P.T.Ramadevi, learned Standing Counsel appearing for the fourth respondent.

4. Learned Standing Counsel appearing for the fourth respondent would submit that since the petitioner sought for birth certificate for the birth in the year 1954, whether those records are available with the respondents' office have to be verified and based on which, the request made by the petitioner 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 stand taken by the learned Standing Counsel appearing for the fourth respondent and taking note of the prayer sought for in this writ petition, this Court is inclined to pass the following orders:

That there shall be a direction to the fourth respondent to consider the representation of the petitioner dated 01.08.2022 and pass orders 3/5

thereon on merits and in accordance with law within a period of four(4) weeks from the date of receipt of a copy of this order. With this direction, this writ petition is disposed of. No costs. Connected miscellaneous petition is closed.

15.11.2022 mp Index:Yes/No Speaking order: Yes/No To

1. The Secretary to Government, Department of Health, Fort St. George, Chennai - 600 009.

2. The District Collector, Singaravelar Maligai, 62, Rajaji Salai, Chennai - 600 001.

3. The Dean, Children and Maternity Hospital, Egmore, Chennai - 600 008.

4. The Commissioner of Corporation, Chennai Corporation, Chennai - 600 003.

R.SURESH KUMAR.J., 4/5

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