P.Sadasivam v. Transport Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.10.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN P.Sadasivam ... Petitioner -Vs1. Transport Commissioner, Guindy, Chennai -600 032.
2. The Secretary, Home (Transport II) Department, Fort St.George, Chennai-600 009.
3. The Secretary, Tamil Nadu Service Commission, VOC Nagar, Park Town, Chennai-600 003.
... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing first respondent to alter the date of birth of petitioner as 13.03.1967 instead of 10.06.1966 in the service register as per the birth certificate dated 23.03.1967 by considering the petitioner's application dated 05.08.2014.
For Petitioner : Mr.M.Elango For R1 and R2 : Mr.Yogesh Kannadasan Special Government Pleader For R3 : Mr.B.Vijay Standing Counsel O RDER
This Writ Petition has been filed for direction directing the first respondent to alter the date of birth of petitioner as 13.03.1967 instead of 10.06.1966 in the service register as per the birth certificate dated 23.03.1967 by considering the petitioner's application dated 05.08.2014.
2. Heard the learned counsel on either side and perused the materials available on record.
3. The petitioner was appointed as Motor Vehicle Inspector Grade-II, on 19.08.2009. Thereafter, he was promoted as Motor Vehicle Inspector Grade-I. While being so, on 07.10.2024, he was suspended from service, on the ground that he had involved in Crime No.9/AC/2024 for the offence under Section 8 of Prevention of Corruption Act, 1988. The said order of suspension was challenged before this Court and this Court directed the authority concerned to consider the representation submitted by the petitioner seeking revocation of suspension, in the light of G.O.Ms.No.81 dated 04.08.2022, within a period of twelve weeks from the date of receipt of a copy of the order and it is pending for consideration.
4. Immediately, after joining service as Motor Vehicle Inspector Grade II, the petitioner submitted an application, on 05.08.2014 seeking alteration of his
date of birth in the service register, within a period of five years from the date of his joining. The petitioner also enclosed a copy of his birth certificate in support of his claim. After considering the same, authorization was sought from the Government Hospital, Thiruchengodu, by communication dated 31.07.2018. Thereafter, the respondents failed to pass any order on the said application.
5. The learned Special Government Pleader appearing for the first and second respondents submitted that the petitioner approached this Court after a lapse of 11 years from the date of his application without giving any reason for such huge delay. He further submitted that the application submitted by the petitioner can be considered only in accordance with the approved rules and regulations and therefore, he vehemently objected to consider the application submitted by the petitioner.
6. A perusal of records revealed that the petitioner was born on 13.03.1967 and his birth was duly registered on 23.03.1967. However, at the time of admission into School, his parents had given his date of birth as 10.06.1966, in order to satisfy the eligibility condition relating to the cut-off date of 31st July for School admission.
7. Though the petitioner has approached this Court belatedly, till today,
the respondents failed to pass any order on the application submitted by the petitioner, seeking alteration of his date of birth in the service register.
8. In view of the above, the first respondent is directed to consider the application submitted by the petitioner seeking alteration of his date of birth in the service register, as per the birth certificate issued by the Commissioner of Thiruchengode Municipalaity, dated 04.05.2010, showing his date of birth as on 13.03.1967 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
9. With the above directions, this writ petition stands disposed of. No costs.
30.10.2025 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn
To
1. Transport Commissioner, Guindy, Chennai -600 032.
2. The Secretary, Home (Transport II) Department, Fort St.George, Chennai-600 009.
3. The Secretary, Tamil Nadu Service Commission, VOC Nagar, Park Town, Chennai-600 003.
G.K.ILANTHIRAIYAN. J, mn 30.10.2025