Radhakrishnan v. State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Radhakrishnan ... Petitioner Vs.

1.State of Tamil Nadu Rep. by the District Collector, Thoothukudi District, 2.The Revenue Divisional Officer, Kovilpatti Taluk, Thoothukudi District.

3.The Tahsildar, Kayatharu, 4.The President, Kalanpatti Panchayat, 5.The Sub Registrar, Sub Registration Office, Kazhugumalai, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 4th and 5th respondents to correct the petitioner date of birth as 19.09.1953 in the petitioner 1/4

Form No. 5 - Birth Certificate No. BC/Kazhukumalai/324/2023 in Serial No. BS/Kazhukumalai/1/2023, on the file of the 5th respondent, on the basis of the petitioner's representation dated 18.03.2024, with in the time stipulated by this Court.

For Petitioner : Mr.P.M.Vishnu Varathanan For Respondents : Mr.B.Saravanan Additional Government Pleader

ORDER

Heard both sides

2. The petitioner is a senior citizen. He retired as a Regional Joint Director in Animal Husbandry Department. The petitioner's daughter is in USA. The petitioner wants to joint her as a permanent resident. When he applied in that regard, it was noticed that there was a discrepancy regarding his date of birth. In the service register, it was mentioned as 19.09.1953. But in the birth certificate, it was mentioned as 03.11.1953. The petitioner insisted that this should be reconciled. That is why, the present application was made for correcting the date of brith in the birth certificate.

3. After going through the materials on record, I am satisfied that the petitioner's request is genuine. Nobody will be put to any prejudice if correction as sought for by the petitioner is made. I therefore direct the fourth respondent to send a formal proposal to the fifth respondent for correcting the petitioner's 2/4

date of birth as 19.09.1953 instead of 03.11.1953. Such a proposal shall be send by the fourth respondent within a period of four weeks from the date of receipt of a copy of this order. On receipt thereof, the fifth respondent shall carry out the necessary changes. In the original record, the date of birth recorded earlier shall be rounded off and in the revised birth certificate to be issued by the fifth respondent, the date of birth of the petitioner shall be shown as 19.09.1953 alone. This shall be done by the fifth respondent within a period of three weeks thereafter.

4. The Writ Petition is allowed. No costs.

04.04.2024 Index : Yes / No Internet : Yes/ No rmi To 1.The District Collector, Thoothukudi District, 2.The Revenue Divisional Officer, Kovilpatti Taluk, Thoothukudi District.

3.The Tahsildar, Kayatharu, G.R.SWAMINATHAN, J.

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rmi 4.The President, Kalanpatti Panchayat, 5.The Sub Registrar, Sub Registration Office, Kazhugumalai, 04.04.2024 4/4