Darathy.S v. The Registrar Of Birth/Death Office

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.Darathy

...Petitioner

Vs.

1.The Registrar of Birth /Death Office, K.Abisekapuram, Ward Kuzhu Aluvalagam, Trichy -17.

2.The Registrar of Birth/Death Office, K.Abisekapuram Division, Health and Birth /Death Registrar Office, Thillai Nagar Kottai Station Salai, Tiruchirappalli.

....Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to change the mother's name as S.Darathy instead of S.Vasuki of the petitioner's daughter's Birth Certificate S.Vanthana in Registration No.155/2013/56 Date of Registration 28.01.2013 and thereafter issue fresh Birth Certificate within a stipulated period that may be fixed by this Court.

For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.M.Lingadurai Government Advocate

ORDER

This writ petition has been filed for the issuance of a writ of Mandamus directing the respondents to act upon the application submitted by the petitioner, wherein, the petitioner is seeking for the correction of the name of the petitioner in the Birth Certificate issued to the daughter of the petitioner. 2.The case of the petitioner is that a female child named Vanthana was born to her, on 22.01.2013. Her birth was registered and while granting the Birth Certificate, the name of the petitioner was wrongly noted as Vasuki instead of Darathy. 3.The petitioner has filed the School Transfer Certificate and also the Aadhar Card that was given to her, wherein, the name of the petitioner is found to be Darathy. However, in the Birth 1/3

Certificate that was issued to the daughter of the petitioner, it has been mentioned as Vasuki. The petitioner wanted to correct this mistake and accordingly, made a representation to the respondents. Since the same was not acted upon, the present writ petition has been filed before this Court, seeking for appropriate directions. 4.Heard Mr.N.Sudhagar Nagaraj, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Government Advocate, appearing for the respondents.

5.Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the first respondent to act upon the representation made by the petitioner on 07.04.2021 and carry out the necessary corrections in the Birth Certificate given to the daughter of the petitioner after scrutinizing all the relevant records, within a period of four weeks from the date of receipt of a copy of this order.

6.The petitioner is directed to make a fresh representation to the first respondent along with all relevant documents and also a copy of this order.

7.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) 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. TM To 1.The Registrar of Birth /Death Office, K.Abisekapuram, Ward Kuzhu Aluvalagam, Trichy -17.

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2.The Registrar of Birth/Death Office.

K.Abisekapuram Division, Health and Birth /Death Registrar Office, Thillai Nagar Kottai Station Salai, Tiruchirappalli.

+1 CC to M/s.SPL GP ( SR-19910[F] dated 22/06/2021 ) +1 CC to M/s.N.SUDHAKAR NAGARAJ, Advocate ( SR-19835[F] dated 22/06/2021 ) Order made in 21.06.2021 GS (28.06.2021) 3P 5C 3/3