Madras High CourtWP(MD)/6096/2018disposed of

S.Balu v. The Commissioner,

2018-03-22Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.6096 of 2018 S.Balu ...

Petitioner Vs.

1. The Commissioner, Aruppukottai Municipality, Virudhunagar District.

2. The Registrar of Birth and Death, Aruppukottai Municipality, Virudhunagar District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to correct and to incorporate the name of the petitioner as Balu instead of Balakrishnan in the birth certificate issued to the petitioners son Jayapandian by the 2nd respondent dated 21/05/2008 and to issue fresh birth certificate within a stipulated time that may be fixed by this Court. For Petitioner : Mr.R.Rajamohan For Respondents : Mr.N.Dilipkumar Standing Counsel

ORDER

This writ petition has been filed seeking direction to the respondents to correct and to incorporate the name of the petitioner as Balu instead of Balakrishnan in the birth certificate issued to the petitioner's son Jayapandian by the second respondent dated 21.05.2008 and issue fresh birth certificate within a stipulated time that may be fixed by this Court.

2.According to the petitioner, the second respondent has wrongly issued a birth certificate in respect of his elder son namely, Jayapandian by incorporating the petitioner's name as Balakrishnan instead of Balu. Hence, the petitioner submitted a representation dated 21.02.2018 seeking rectification of the said mistake. Since no order has been passed, the present writ petition has been filed.

3.Learned Standing Counsel appearing for the respondents would submit that the petitioner has only sent a representation and if the petitioner submits proper application along with necessary fee, the application of the petitioner will be considered.

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4.In such view of the matter, the petitioner is directed to submit a proper application along with necessary fee within a period of two weeks from the date of receipt of a copy of this order. On receipt of such application, the second respondent is directed to consider the same and pass appropriate orders, on merits and in accordance with law, within a period of four weeks, thereafter.

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

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar +1cc to Mr.Mr.R.Rajamohan, Advocate Sr.No.56981 +1cc to Mr.N.Dilipkumar, Advocate Sr.No.57634 SMS VB/KK/SAR1/13.04.2018/2P/3C Writ Petition (MD) No.6096 of 2018 22.03.2018 https://hcservices.ecourts.gov.in/hcservices/