A.Feroz v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR A.Feroz ... Petitioner Vs

1. The Commissioner Greater Chennai Corporation, Ripon Building, Poonamallee High Road, Chennai 600003.

2. The Registrar Of Birth And Death Greater Chennai Corporation, Zone -, No.8 4th Cross St, Lake Area, Nungambakkam, Chennai 600034.

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India seeking issuance of Writ of Mandamus, directing the respondents to change the wrong entry of the father from " SHAIKH" to the correct father name " A.FEROZ", in the birth certificate of Miss.ZEAH issued bearing registration No.2016/09/122/000532/0, registration dated 13.07.2016 within a stipulated period of time. For Petitioner : Mr.I.Prakash Raj For Respondents : Mr.D.B.R.Prabhu, Standing Counsel

ORDER

The petitioner herein seeks a direction to the respondents to change the wrong entry of father's name in the Birth Certificate issued to the petitioner's daughter ZEAH, bearing registration No.2016/09/122/ 000532/0, registration dated 13.07.2016.

2. It is the case of the petitioner that he was born on 17.04.1981 and as per the Birth Certificate issued to him, his name is A.FEROZ. He got married to one Nazira and out of wedlock, a female child namely ZEAH was born on 06.07.2016. In the birth certificate issued by the respondents, the name of the father of the child was wrongly mentioned as SHAIKH, instead of " A.FEROZ. Therefore, the petitioner submitted various applications before the respondents for correction of the birth certificate and the same has not been considered. The last of the application submitted by the petitioner was on 10.07.2024 and the same has not been considered. Hence,the petitioner has come before this Court.

3. Mr.D.B.R.Prabhu, learned Standing Counsel takes notice for the respondents 1 and 2

4. Under Section 15 of the Registration of Birth and Death Act, the second respondent has got power not only to correct the error in the form but also erroneous entry with regard to the substance of the Birth Certificate. Therefore, the second respondent is directed to consider the application submitted by the petitioner dated 10.07.2024 and pass final orders on its own merits, within a period of eight weeks from the date of receipt of copy of this order, after issuing necessary notice to the petitioner and his wife Nazira.

5.With the above direction, this writ petition is disposed of. There shall be no order as to costs.

02.01.2025 Index:Yes/No Internet:Yes/No mst

To

1. The Commissioner Greater Chennai Corporation, Ripon Building, Poonamallee High Road, Chennai 600003.

2. The Registrar Of Birth And Death Greater Chennai Corporation, Zone -, No.8 4th Cross St, Lake Area, Nungambakkam, Chennai 600034.

S.SOUNTHAR, J.

mst W.P.No.38544 of 2024 `02.01.2025