Madras High CourtWP(MD)/12405/2021disposed of

Gnana Soundarya v. The Thasildar

2021-07-23Honourable Mr Justice N. Anand Venkatesh2 pages

W.P(MD).No.12405 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P(MD).No.12405 of 2021 Gnana Soundarya

...Petitioner

Vs.

1.The Thasildar, Natham Taluk Office, Natham, Dindigul District.

2.The Sub-Registrar, Sub-Registrar Office, Natham Taluk, Dindigul District.

3.The Village Administrative Officer, Nadumandalam Village, Natham Taluk, Dindigul District.

...Respondents

Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to correct the error and enter the name as "Jegadeesh" instead of "Palani Chinama Naicker" in the Birth Certificate dated 20.08.2007 bearing Registration No.155/2007 issued by the third respondent herein and to issue a fresh corrected birth certificate to the petitioner's son "Jegadeesh" based on the petitioner's representation dated 05.07.2021.

For Petitioner : Mr.S.Maiyilvahana Rajendran for Mr.N.Anandakumar For Respondents : Mr.M.Lingadurai Government Advocate

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondents to correct the error in the Birth Certificate issued to the son of the petitioner by considering the representation made by the petitioner on 05.07.2021.

2. In the considered view of this Court, none of the three respondents have the power or the authority to deal with the representation given by the petitioner and make the corrections in the Birth Certificate. The corrections can be done in the Birth Certificate only by the concerned body, who have issued the Birth Certificate in favour of the son of the petitioner. Such https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD).No.12405 of 2021 cancellation of entry and correction in the Birth Certificate is specifically dealt with under the Registration of Births and Deaths Act, 1969 and therefore, an application has to be given only before the concerned authority prescribed under the Act.

3. In view of the above, liberty is granted to the petitioner to submit the application before the appropriate authority under the Registration of Births and Deaths Act, 1969 and the same will be considered by the concerned authority as expeditiously as possible after verifying the relevant documents and a decision shall be taken.

4.This Writ Petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg 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. To 1.The Thasildar, Natham Taluk Office, Natham, Dindigul District.

2.The Sub-Registrar, Sub-Registrar Office, Natham Taluk, Dindigul District.

3.The Village Administrative Officer, Nadumandalam Village, Natham Taluk, Dindigul District.

+1 CC to M/s.SPL GP ( SR-24006[F] dated 27/07/2021 ) W.P(MD).No.12405 of 2021 23.07.2021 ES(CO) LR(03.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2