K.Saibu Nisha, v. The Tahsildar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 06.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.19077 of 2014 K.Saibu Nisha ..Petitioner Vs 1.The Tahsildar, East Taluk, Othakkadai, Madurai-23.

2.The Sub-Registrar, Teppakulam Sub-Registrar Office, Combined Register Offices, Thirumogur, Madurai-23.

..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to register the Petitioner's son's name in his Birth Extract upon his representation dated 17.4.2014, within the time stipulated by this Court.

For Petitioner :No appearance For Respondents :Mr.V.Muruganandam Addl.Govt.Pleader

ORDER

This Court has heard the Abdul Lathif/son of the Petitioner and the learned Additional Government Pleader for the Respondents. 2.By consent of both sides, the main Writ Petition itself is taken up for final disposal.

3.No counter is filed on behalf of the Respondents. 4.It comes to be known from the contents of the Writ Affidavit (filed by the Petitioner) that she being a poor illiterate and unacquainted with the statutory provisions and her husband also working in abroad, her son's name Abdul Lathif, born on 02.04.1993 was not inserted in the Birth Extract within the statutory period.

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

5.It is the case of the Petitioner that her son above-named was born on 02.04.1993 at No.2/55, South Street, Kalimangalam Village, Madurai. It appears that the birth details of the Petitioner's son were registered with the Registrar of Births, as per the statutory requirements.

6.The grievance of the Petitioner is that she sent a representation, dated 17.04.2014, wherein, she had prayed for inclusion of her son's name in the Birth Certificate. The said representation, till date, has not met with any positive response. Hence, she has filed the present Writ Petition before this Court. 7.Considering the fact that the Petitioner's representation, dated 17.04.2014 is pending before the First Respondent/The Tahsildar, East Taluk, Othakkadai, Madurai-23, at this stage, this Court, without going into the contents and merits of the representation of the Petitioner and also not dwelling deep into the merits of the case, simpliciter, directs the First Respondent to look into the representation of the Petitioner, dated 17.04.2014, within a period of one week from the date of receipt of a copy of this order.

Thereafter, the First Respondent is to consider the said representation of the Petitioner, dated 17.04.2014 in a fair, free, dispassionate and unbiased manner and dispose of the same within a period of three weeks from the date of receipt of a copy of this order. It is open to the Petitioner to produce the copies of all necessary/relevant documents before the First Respondent and the First Respondent shall take into consideration of the same, at the time of disposal of the representation of the Petitioner, dated 17.04.2014. 8.With the aforesaid observations and directions, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar vsn To 1.The Tahsildar, East Taluk, Othakkadai, Madurai-23.

2.The Sub-Registrar, Teppakulam Sub-Registrar Office, Combined Register Offices, Thirumogur, Madurai-23. +2CC to Mr.Dhana Law Associates, SR.No.35285 +1CC to Spl.Government Pleader Sr.No.35429 GJM/GSV/PM/18.7.16-2p-6c W.P(MD)No.19077 of 2014 06.07.2016 https://hcservices.ecourts.gov.in/hcservices/