M.Pricilla v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :19.11.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.33350 of 2024 Ms.M.Pricilla

...Petitioner

Vs.

1. The Commissioner Park Town, Ripon Building Chennai-600 003.

2. The Deputy Commissioner Registration of Birth and Death Department Ripon Building, 4/9, Parry's Corner George Town, Chennai-600 001.

..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of Indiafor issuance of a Writ of Mandamus, directing the 2nd respondent to dispose of the representation dated 31.08.2024 submitted for necessary correction in the Birth Certificate with regard to name of the father of the petitioner male child namely S.Rupak Sen with the name of the biological father Mr.Senthur Pandi. For Petitioner : Mr.L.Dhamodharan For Respondents : M/s.P.T.Rama Devi Standing Counsel(GCC) 1/4

O R D E R

The petitioner herein seeks a direction to 2nd respondent to dispose of his representation dated 31.08.2024 seeking correction of father's name in the birth certificate issued to petitioner's child namely S.Rupak Sen.

2. It is the case of the petitioner that the above said child was born to her through Mr.Senthur Pandi. In the birth certificate issued to the petitioner, the name of her erstwhile husband was mentioned. Therefore, she submitted a representation on 31.08.2024 before the 2nd respondent seeking correction of father's name in the birth certificate and the same has not been considered. Hence, the petitioner is before this Court.

3. M/s.P.T.Rama Devi, learned Standing Counsel(GCC), who takes notice for the respondents 1 and 2, submits that the competent authority to consider the representation of the petitioner is City Health Officer, Chennai Corporation and he will consider the representation in accordance with law.

4. In view of the same, without going into the merits of the claim made by the petitioner, the 2nd respondent is directed to forward the representation of the petitioner dated 31.08.2024 to competent authority namely City Health 2/4

Officer, Chennai Corporation within a period of two weeks from the date of receipt of copy of this order. The said authority shall consider the representation of the petitioner and pass final orders on its' own merits within a further period of six weeks. The Registry is directed to mark copy of this order to said authority.

5. With the above directions, this writ petition stands disposed of. No costs.

19.11.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr To

1. The Commissioner Park Town, Ripon Building Chennai-600 003.

3/4

S.SOUNTHAR , J.

nr

2. The Deputy Commissioner Registration of Birth and Death Department Ripon Building, 4/9, Parry's Corner George Town, Chennai-600 001.

3. The City Health Officer, Ripon Building, Chennai-600 003.

W.P No.33350 of 2024 19.11.2024 4/4