Mathalaimuthu v. The Registrar Of Birth

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15655 of 2018 Mathalaimuthu ... Petitioner vs.

The Registrar of Birth and Death, Karur Municipality, Karur, Karur District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to make corrections in the birth certificate of the petitioner's son on the basis of his representation dated 14.06.2018.

For Petitioner : Mr.T.Vadivelan For Respondent : Mr.J.Gunaseelanmuthaiah Additional Government Pleader

O R D E R

Mr.J.Gunaseelanmuthaiah, learned Additional Government Pleader, takes notice for the respondent.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3.

It is the grievance of the petitioner that his representation dated 14.06.2018, seeking for carry out the corrections in the birth certificate of the petitioner's son, has not been considered by the respondent till date and therefore, he has filed the present writ petition.

4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever an representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct https://hcservices.ecourts.gov.in/hcservices/

them to consider the petitioner's representation within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the respondent to consider the petitioner's representation, dated 14.06.2018, on its own merits and take further action in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Such an exercise shall be done after conducting enquiry and giving due opportunity to the petitioner as well as to any other persons who may be interested in the subject matter.

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

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-I) To The Registrar of Birth and Death, Karur Municipality, Karur, Karur District.

+ 1 cc TO Mr.T.Vadivelan , Advocate in SR No. 73954 sji AE/SKN RSK/SAR1/27.07.2018/2P/3C W.P.(MD) No.15655 of 2018 18.07.2018 https://hcservices.ecourts.gov.in/hcservices/