Tharumambal v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Tharumambal ... Petitioner Vs.
1.The District Collector, District Collectorate Office, Pudukkottai District, Pudukkottai.
2.The Tahsildar, Thasildar Office, Manamelkudi Taluk, Manamelkudi, Pudukkottai District.
... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to issue the birth certificate to the petitioner's daughter in the language of English and mention her father name before the name of Latha based on the petitioner's representation dated 25.01.2022.
For Petitioner : Ms.M.Krishnaveni For Respondents 1&2 : Mr.B.Saravanan Additional Government Pleader
O R D E R
*********** This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to issue the birth certificate to the petitioner's daughter in English language and by mentioning her father's name before the name of her daughter Latha based on the petitioner's representation dated 25.01.2022, within a time frame to be fixed by this Court.
2.The case of the petitioner is that her daughter Latha is a permanent resident of France. The said Latha has applied for French citizenship and had submitted her birth certificate with the authorities in France for the said purpose. However, the said authorities requested the petitioner's daughter to obtain English translation of her birth certificate. In such circumstances, Latha's mother, the petitioner herein has submitted a representation on 25.01.2022 before the second respondent requesting the second respondent to issue birth certificate to the petitioner's daughter 1/3
Latha in English language by mentioning her father's name. Since the said representation has not been considered till date, this writ petition has been filed.
3.Heard Ms.M.Krishnaveni, learned Counsel for the writ petitioner and Mr.B.Saravanan, learned Additional Government Pleader who accepts notice on behalf of the respondents. 4.No prejudice would be caused to the respondents if the petitioner's representation is considered on merits and in accordance with law. The petitioner only seeks for issuance of a birth certificate for her daughter in English language instead of the earlier one given to her daughter Latha in Tamil language. She has also sought for inclusion of Latha's father's name in the birth certificate. Admittedly, the representation which was given on 25.01.2022 for the said purpose has not been considered till date. 5.For the foregoing reasons, this Court directs the second respondent to consider the petitioner's representation dated 25.01.
2022 requesting the second respondent to issue birth certificate for the petitioner's daughter Latha born on 06.08.1972 at Vilathur, Pudukkottai District in English language instead of Tamil language in which the earlier birth certificate was issued and also include the name of Latha's father in the said birth certificate and pass final orders on merits and in accordance with law within a period of twelve [12] weeks from the date of receipt of a copy of this order after affording a fair hearing to the petitioner.
6.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) MR NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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To 1.The District Collector, District Collectorate Office, Pudukkottai District, Pudukkottai.
2.The Tahsildar, Thasildar Office, Manamelkudi Taluk, Manamelkudi, Pudukkottai District.
+1 CC to M/s.M.KRISHNAVENI, Advocate ( SR-11323[F] dated 10/03/2022 ) +1 CC to M/s.SPL GP ( SR-11809[F] dated 14/03/2022 ) 10.03.2022 MGJ(23.03.2022) 3P 5C 3/3