Chandra v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :11.03.2026

CORAM:

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY Chandra ... Petitioner Vs

1. The Revenue Divisional Officer, Pudukkottai, Pudukkottai District.

2. The Tahsildar, Gandarvakottai Taluk, Pudukkottai District.

3. The Birth/Death Registrar, Gandarvakottai, Pudukkottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order in O .Mu.A6/6342/2022 dated 31.05.2023 passed by the first respondent, quash the same as illegal and consequently, direct the first respondent to register the date of birth of the petitioner as 15.06.1966 and to issue birth certificate.

For Petitioner : Mr. R.Mohanasundaram 1/5

For Respondents : Mr.M.Lingadurai Special Government Pleader

O R D E R

The writ petition is filed challenging the impugned order dated 31.05.2023.

2. Upon considering the arguments made by the learned counsel for the petitioner and perusing the material records of the case, an application for issuance of Birth Certificate of the petitioner was made to the respondents, since the date of birth as claimed was 15.06.1966. The same is now rejected by the respondents on the ground that the same is prior to the coming into force of the Registration of Births and Deaths Act, 1969.

3. The matter is no longer res integra and is covered by the judgment of this Court in W.P.(MD) No.15053 of 2024 dated 08.07.2024 in the case of Pandiammal vs. The Revenue Divisional Officer, Sivagangai, wherein it has been held that since the present respondents 2/5

are only the authority under the Act, which continues the earlier repealed legislation, they will have the jurisdiction to issue birth certificate. However, it will be subject to the petitioner providing proof, such as horoscope, affidavits of relatives and other friends, who have personal knowledge, etc., based on which the exercise will be undertaken.

4. In view thereof, this writ petition is allowed on the following terms:

(a) The impugned order, dated 31.05.2023 shall stand set aside and the matter is remanded back to the file of the first respondent for fresh consideration as per the observations made in Pandiammal's case (cited supra).

(b)The fresh exercise shall be completed within a period of four (4) months from the date of receipt of the web copy of the order without waiting for the certified copy of the order. (c) No costs.

NCC : Yes/No 11.03.2026 apd 3/5

To

1. The Revenue Divisional Officer, Pudukkottai, Pudukkottai District.

2. The Tahsildar, Gandarvakottai Taluk, Pudukkottai District.

3. The Birth/Death Registrar, Gandarvakottai, Pudukkottai District.

4/5

D.BHARATHA CHAKRAVARTHY .,J.

apd ORDER MADE IN 11.03.2026 5/5