R.Easwari v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.16878 of 2020 R.Easwari

...Petitioner

/Vs./ 1.The District Collector, District Collector Office, Tanjavur.

2.The Commissioner, Tanjavur Corporation Office, Tanjavur.

.

...Respondents

PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to consider the petitioner's representation dated 21.10.2020 consequently directing the 2nd Respondent to issue Birth Certificate to petitioner's son as E.Mathorupakavan, Son of Easwari. For Petitioner : Mr.K.Prapakaran For Respondents : Mr.A.K.Manikkam Special Government Pleader 1/4

ORDER

This writ petition has been filed for issuance of writ of mandamus directing the second respondent to consider the representation made by the petitioner on 21.10.2020 and to issue birth certificate to the son of the petitioner showing only the name of the petitioner by deleting the name of the father of the child in the birth certificate.

2. Heard Mr.K.Prapakaran, learned counsel appearing for the petitioner and Mr.A.K.Manikkam, learned Special Government Pleader for the respondents.

3. The learned Special Government Pleader appearing on behalf of the respondents submitted that already birth certificate has been given by showing the name of the father and mother in the birth certificate. If the petitioner claims to be a single parent / unwedded mother and applies for the issuance of birth certificate for the child only showing her name as mother, it can only be done by approaching the concerned Court under the Registration of Births and Deaths Act, 1969.

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4. In the considered view of this Court, the relief sought for by the petitioner cannot be granted as against the second respondent. The petitioner has to necessarily follow the guidelines that have been issued by the Hon' ble Apex Court in this regard in ABC vs. The State (NCT of Delhi) reported in 2015 (5) CTC 547.

5. Except giving this liberty to the petitioner, no further orders can be passed in this writ petition. Accordingly, this writ petition is disposed of. No costs.

06.10.2023 NCC : Yes/No Internet :Yes/No Index :Yes/No sm TO:- 1.The District Collector, District Collector Office, Tanjavur.

2.The Commissioner, Tanjavur Corporation Office, Tanjavur.

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N.ANAND VENKATESH, J.

sm Order made in W.P.(MD)No.16878 of 2020 Dated:

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