M.Joonish v. The Sub Divisional Magistrate/Revenue Divisional Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY M.Joonish ... Petitioner vs.

The Sub Divisional Magistrate / Revenue Divisional Officer, Padmanabhapuram, Thuckalay, Kanniyakumari District. ... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondent to register the petitioner's date of birth i.e., on 06.12.1987 based on the petitioner's SSLC mark statement and issue Birth Certificate by considering the application dated 19.07.2021 within a stipulated period that may be fixed by this Court. For Petitioner : Mr.S.Sivakumar For Respondent : Mr.M.Senthil Ayyanar Government Advocate 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the respondent to register the petitioner's date of birth as 06.12.1987, based on his SSLC mark statement and issue birth certificate by considering the petitioner's application dated 19.07.2021.

2. It is seen that the application was submitted by the petitioner's father's sister (Athai). Since the petitioner was residing abroad at that time, he did not submit any application in his name. The respondent after considering the application submitted by the petitioner's aunt, directed the petitioner to submit four documents, namely, Non-availability certificate, No objection certificate from the Panchayat, Photograph of the petitioner and the Baptism Certificate.

3. The contention of the petitioner is that the Baptism Certificate is not necessary while considering the registration of birth.

4. However, it is seen that the respondent is seeking the said certificate because the petitioner would have been the baptized by indicating the date of birth and it would have been registered in the Church. The Baptism Certificate is only for the purpose of substantiating the date of birth the petitioner. Hence, the 2/4

petitioner cannot object from producing the said certificate.

5. Moreover, it is seen that the petitioner is 38 years old and is not a minor, hence the petitioner has to submit application in his name.

6. Therefore, the petitioner is directed to submit an application within a period of period of one week from the date of receipt of a copy of this order. The application shall be submitted along with the other four documents as stated in the communication dated 23.08.2021. As far as Baptism Certificate is concerned, the petitioner shall submit the same if available. Thereafter, the respondent shall consider the petitioner's application and pass appropriate orders, within a period of four (4) weeks therefrom.

7. With the above said direction, this Writ Petition is disposed of. There shall be no order as to costs.

NCC : Yes / No 23.06.2025 Index : Yes / No Internet : Yes jbr NOTE: Issue order copy on 23.06.2025 3/4

S.SRIMATHY , J.

jbr To:

The Sub Divisional Magistrate / Revenue Divisional Officer, Padmanabhapuram, Thuckalay, Kanniyakumari District.

ORDER MADE IN DATED : 23.06.2025 4/4