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Madras High CourtWP(MD)/6367/2019disposed of

Anjala, D/O.Gandhi, v. The Revenue Divisional Officer

2019-04-22Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.6367 of 2019 Anjala ... Petitioner Vs 1.The Revenue Divisional Officer, Madurai North Taluk, Madurai.

2.The Tahsildar, Madurai North Taluk, Madurai.

3.The Commissioner, Madurai Corporation, Madurai.

4.The Assistant Director, (SBHI) cum Joint District Registrar of Births and Deaths, Madurai.

... Respondents (R3 is impleaded vide order dated 22.04.2019) (R4 is suo motu impleaded vide order dated 22.04.2019) PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to dispose of the petitioner representation / application dated 23.01.2019 submitted for birth certificate immediately within a time frame as fixed by this Court.

For Petitioner : Mr.B.Prahalad Ravi For RR1, 2 and 4 : Mr.M.Rajarajan Government Advocate For R3 : Mr.R.Murali

ORDER

Heard the learned counsel on either side.

2. The Assistant Director, (SBHI) cum Joint District Registrar of Births and Deaths, Madurai is suo motu impleaded as fourth respondent.

https://hcservices.ecourts.gov.in/hcservices/

3. The writ petitioner had delivered a child on 12.11.2018. She wants issuance of birth certificate for her child. But the

petitioner had not obtained PICMI number and RCH ID number. Therefore, the local body is not in a position to issue the birth certificate sought for by the petitioner.

4. The learned standing counsel drew the attention of this Court to G.O.Ms.No.351, Health and Family Welfare (AB2) Department dated 09.10.2017, which sets out the formalities to be followed in the event of the mother failing to obtain the aforesaid PICMI number and the RCH ID number. The petitioner will have to follow the procedure set out in the said GO and thereafter move the local body.

5. The petitioner is now directed to make a fresh application to the fourth respondent. The fourth respondent is directed to entertain the petitioner's application and invoke the powers set out in the aforesaid GO and give PICMI as well as RCH ID number. Thereafter, the petitioner shall approach the third respondent and third respondent shall issue birth certificate sought for by the petitioner. The entire procedure shall be completed by the third respondent within a period of two weeks once the petitioner approaches the third respondent.

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

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To 1.The Revenue Divisional Officer, Madurai North Taluk, Madurai.

2.The Tahsildar, Madurai North Taluk, Madurai.

3.The Commissioner, Madurai Corporation, Madurai.

4.The Assistant Director, (SBHI) cum Joint District Registrar of Births and Deaths, Madurai.

+1cc to Mr.R.MURALI, Advocate, SR.No. 62003 +1cc to Mr.B.PRAHALAD RAVI, Advocate, SR.No.61528 +1cc to M/s.Special Government Pleader,SR.No. 62076,61767 W.P.(MD)No.6367 of 2019 TA KK/SAR/22.05.2019/ 2P- 8C https://hcservices.ecourts.gov.in/hcservices/