Caroline v. The Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :19.09.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.29109 of 2018 J.Caroline

...Petitioner

Vs.

The Registrar, Registration of Births & Deaths, Puducherry Municipality, Puducherry - 605 001.

...Respondent

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to consider the petitioner representation dated 22.02.2018 in accordance with enclosed documents within time limit as may be fixed by this Court. For Petitioner : Mr.P.Suresh For Respondents : Mr.M.Nirmal Kumar Government Advocate (Puducherry) 1/4

O R D E R

The petitioner herein seeks a direction to the respondent to consider her representation dated 22.02.2018.

2.It is the case of the petitioner that she was born to one Joseph and Kichennaveny on 27.08.1966. Her Birth Certificate was duly registered with the respondent on 31.08.1966. In the Birth Certificate issued to the petitioner, the name of the petitioner's father was not indicated. Therefore, the petitioner submitted a representation dated 22.12.2018 to the respondent, seeking inclusion of her father's name in the Birth Certificate by enclosing other documents in support of her claim and the same has not been considered till date.

3.Mr.M.Nirmal Kumar, learned Government Advocate (Puducherry) takes notice for the respondent submits that there is no erroneous entry in the Birth Certificate. Therefore, under Section 15 of the Registration of Births and Deaths Act, 1969, the respondent has no power to include new details in the Birth Certificate. It is also submitted by the learned counsel that it is for the petitioner to approach the Civil Court for redressal of her grievance. 2/4

4.In view of the limited prayer made by the petitioner regarding consideration of her representation, this Court without expressing any opinion on the claim made by the petitioner, is inclined to direct the respondent to consider the representation of the petitioner dated 22.02.2018 and pass final orders on merits and in accordance with law within a period of six weeks form the date of receipt of copy of this order.

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

19.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nti/mac To The Registrar, Registration of Births & Deaths, Puducherry Municipality, Puducherry - 605 001.

3/4

S.SOUNTHAR , J.

nti/mac W.P No.29109 of 2018 19.09.2023 4/4