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Madras High CourtWP(MD)/20818/2016disposed of

Velu S/O.Late. Muthaiah, v. The Commissioner,

2016-11-01Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2016

CORAM

THE HON'BLE Dr.JUSTICE S.VIMALA W.P(MD) No.20818 of 2016 Velu ... Petitioner -vsThe Commissioner, (Birth & Death) Local Administration Department, Pudukottai Municipality, Pudukottai.

... Respondent Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to correct the spelling error of the petitioner's son name in the birth certificate Registration No.8275389 dated 21.10.1998 and to consider the petitioner's representation dated 20.09.2016.

For Petitioner : Mr.A.Vadivel For Respondent : Mr.P.Mahendran

O R D E R

This writ petition has been filed, seeking a direction to the respondent to correct the spelling mistake in the name of the petitioner's son's birth certificate dated 21.10.1998. 2.Heard the learned counsel appearing for the petitioner and the learned counsel, who takes notice for the respondent. By consent, the writ petition itself is taken up for final disposal at the admission stage.

3.The petitioner's son Anantharaj is studying in Sudharshan Arts and Science College, Perumanadu, Pudukottai District. He was born on 19.10.1998 at Government hospital, Pudukottai. His name has been entered in the respondent Municipality and birth certificate has been issued with Registration No.8275389. The respondent has entered his name with the spelling Anandaraj. The school certificates and other documents in the name of the https://hcservices.ecourts.gov.in/hcservices/

petitioner's son stand only with the spelling Anantharaj. After noting down the mistake, the petitioner has made a representation to the respondent on 20.09.2016, seeking rectification of the spelling mistake in the name of the petitioner's son. As that has not been considered, this Writ Petition has been filed. 4.The learned counsel for the petitioner would submit that in terms of Section 20 of the Tamil Nadu Registration of Birth and Death Act, the authorities concerned are empowered to effect corrections in the birth certificate. But the request of the petitioner dated 20.09.2016 has not been considered so far. 5.As the authorities concerned are having power under the Act itself to effect corrections in the birth certificate, the respondent ought to have effected corrections. But the same has not been done so far.

6.The learned counsel for the respondent would submit that for want of time, correction is not made out. 7.Under such circumstances, the respondent is directed to effect corrections in the birth certificate of the petitioner's son and issue corrected birth certificate within a period of two weeks from the date of receipt of a copy of this order, subject to the petitioner, fulfilling all the legal formalities. 8.The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(Writ /True Copy/ Sub Assistant Registrar mj +1cc to Mr.A.Vadivel Advocate Sr.No. 64817 +1cc to Mr.p.Mahendran Advocate Sr.No. 64564 JAM/17.11.16/PV/2p-3c W.P(MD)No.20818 of 2016 01.11.2016 https://hcservices.ecourts.gov.in/hcservices/