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Madras High CourtWP(MD)/16586/2021disposed of

Pandanam.M v. The Commissioner

2021-09-16Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.09.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD).Nos.16586 of 2021 M.Pandanam ... Petitioner Vs.

1.The Commissioner, Madurai Corporation, Madurai.

2.The Revenue Divisional Officer, Melur, Madurai District.

3.The Registrar, Y.Othakadai Registrar Office, Y.Othakadai, Madurai District.

4.The Tahsildar, Madurai east Taluk, Y.Othakadai, Madurai District. ...Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to rectify the names of parents namely Muruganantham instead of Murugan and Pandanam instead of Pandanamselvi in the Birth Certificate of the petitioner's son Logesh by considering her representation dated 16.08.2021.

For Petitioner : Mr.S.Pugalendhi For R1 : Mr.P.Adimoolapandian For R2 to R4 : Mr.P.Subbaraj Counsel for State

ORDER

The petitioner seeks a direction for the rectification of the petitioner's name and that of her husband in the birth certificate of their son Logesh.

2.The petitioner states that her son Logesh was born on 23.02.2007 at the Meenakshi Mission Hospital, Madurai. Thereafter, on 15.12.2010, the birth certificate was issued by the fourth 1/3

respondent. Such birth certificate carried the name of the mother erroneously as Pandana Selvi instead of Pandanam. Likewise, it erroneously carried the name of the father as Murugan instead of Muruganantham. In order to rectify these anomalies, the petitioner submitted a representation dated 02.08.2021 and further representation dated 16.08.2021 by enclosing relevant documents. The present writ petition is filed in view of the failure to take action thereon.

3.Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of respondents 2 to 4 and Mr.P.Adimoolapandian, learned Standing Counsel, accepts notice on behalf of the Madurai Corporation.

4.The petitioner has enclosed the birth certificate in Form No.5, which has been issued by the Tahsildar. Such certificate indicates the name of the father as Murugan and that of the mother as Pandana Selvi. The petitioner has produced a certificate from the Village Administrative Officer, Melathuraiyur group, Ilayankudi Taluk, Sivagangai District. Such certificate indicates the name of the father as Muruganantham and that of the mother as Pandanam. In addition, the family card has been produced and such family card indicates the name of the father as Muruganantham. The Aadhaar Card of the petitioner and her husband have been enclosed. The Aadhaar Card of the petitioner/mother indicates the name Pandanam Muruganantham and that of the father Muruganantham Periyasamy. As such, the petitioner has made out a case to issue a direction to the respondents herein to consider the request for rectification of the birth certificate.

5.Accordingly, the respondents herein are directed to consider the petitioner's representation dated 16.08.2021 by taking into account the documents enclosed in support thereof and either issue the corrected birth certificate on such basis or issue a reasoned communication indicating the reasons for refusal. In any event, the entire exercise shall be completed within a period of three (3) months from the date of receipt of a copy of this order. 6.W.P.(MD)No.16586 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) sn/sji 2/3

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 Revenue Divisional Officer, Melur, Madurai District.

2.The Registrar, Y.Othakadai Registrar Office, Y.Othakadai, Madurai District.

3.The Tahsildar, Madurai east Taluk, Y.Othakadai, Madurai District.

4.The Commissioner, Madurai City Municipal Corporation, Madurai.

+1 CC to M/s.SPL. GP ( SR-29440[F] dated 17/09/2021 ) W.P(MD).No.16586 of 2021 16.09.2021 MGJ(28.09.2021) 3P 6C 3/3