Madras High CourtWP(MD)/24864/2016disposed of

P.Rajavelpandian v. The Commissioner

2017-07-06Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.24864 of 2016 P.Rajavelpandian ... Petitioner -Vs1. The Commissioner, Rajapalayam Municipality, Rajapalayam, Virudhunagar District.

2. The Registrar of Birth and Death, Rajapalayam Municipality, Rajapalayam, Virudhuagar District ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the 1st respondent to issue fresh birth certificate to the petitioner's son, namely Haresha by rectifying the father's name in his Birth Certificate as P.RAJAVEL PANDIAN instead of K.Thirumalai Murugan in the light of the Lok Adalat Award made in O.S.No.196 of 2013 on the file of the learned District Munsif Court, Sivagiri, within the time limit that may be stipulated by this court.

For Petitioner : Mr.M.S.Jayakarthik For Respondents : Mr.N.Dilip Kumar for Mr.P.Srinivas

O R D E R

The prayer sought for in this writ petition is to direct the 1st respondent to issue fresh birth certificate to the petitioner's son, namely Haresha by rectifying the father's name in his Birth Certificate as P.RAJAVEL PANDIAN instead of K.Thirumalai Murugan in the light of the Lok Adalat Award made in O.S.No.196 of 2013 on the file of the District Munsif Court, Sivagiri, within a time frame.

2.Heard Mr.M.S.Jeyakarthik, learned counsel for the petitioner and Mr.N.Dilip Kumar, learned counsel for the respondents and perused the materials available on record.

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3.The learned counsel for the petitioner would submit that it would suffice, if a direction is issued to the first respondent to consider the representation of the petitioner, dated 27.10.2015. 4.Considering the nature of the prayer sought in this writ petition, without going into the merits of the case, this writ petition is disposed of with a direction to the 1st respondent to consider the representation of the petitioner, dated 27.10.2015, purely on merits and in accordance with law, within a period of eight weeks from the date of receipt of the order copy, after providing opportunity of hearing to the petitioner as well as the necessary parties, if any. No costs.

Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To:

1. The Commissioner, Rajapalayam Municipality, Rajapalayam, Virudhunagar District.

2. The Registrar of Birth and Death, Rajapalayam Municipality, Rajapalayam, Virudhuagar District +1 CC to M/s.S.JEYAKARTHICK, Advocate, SR No. 64079. +1 CC to M/s. P.SRINIVAS, Advocate, SR No. 64143. ER PSM/MR-KKR/SAR1/26.07.2017/2P/5C W.P.(MD)No.24864 of 2016 06.07.2017 https://hcservices.ecourts.gov.in/hcservices/