Sivakumar.K v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)No.14327 of 2023

1. K.Sivakumar

2. Pandialakshmi ... Petitioners versus

1. The District Registrar, 58/1, Cutchery Road, Virudhunagar - 626 001.

2. The Joint Sub-Registrar, Joint No.1, Virudhunagar.

3. The Ramanathapuram Samasthanam- Devasthanam, Aranmanai, Laxmipuram, Ramanathapuram - 623 501.

4. The Enquiry Officer, Sri Arulmighu Kailasanathar Kovil, Palavanatham Village, Aruppukkottai Taluk, Virudhunagar District.

... Respondents 1/6

Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 1st and 2nd respondents to register the marriage solemnized dated 27.01.2023 as per Section 7A of the Hindu Marriage Act, 1955 and consequently, issue certificate of marriage to the petitioner on the basis of his representation sent to the respondents dated 27.06.2023 within the time frame as stipulated by this Court.

For Petitioners : Mr.L.Prabhu For R1 and R2 : Ms.D.Farjana Ghoushia, Special Government Pleader For R3 and R4 : Mrs.Lakshmi Gopinathan, for M/s.Polex Legal Solutions

ORDER

The petitioners have performed their marriage in the fourth respondent temple/Sri Arulmighu Kailasanathar Kovil, Virudhunagar and with the certificate issued by the fourth respondent, they have approached the second respondent/the Joint Sub-Registrar, Virudhunagar for registration of their marriage. However, the second respondent has not accepted the certificate issued by the fourth 2/6

respondent. Therefore, the petitioner has filed this writ petition.

2. When the matter was taken up for admission on 17.07.2023, Mrs.Lakshmi Gopinathan, learned counsel for M/s.Polex Legal Solutions, took notice for the respondents 3 and 4 and submitted that the petitioners have performed their marriage in the fourth respondent temple. However, in the receipt, the temple authorities have mentioned the Village name as 'Valavanatham' instead of 'Palavanatham'. This mistake has been corrected subsequently and necessary certificate has also been issued to the petitioner.

3. In reply, the learned counsel appearing for the petitioners submitted that the petitioners have also submitted the corrected certificate to the second respondent and even thereafter, their marriage was not registered by the second respondent. Therefore, the petitioners are before this Court.

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4. Ms.D.Farjana Ghoushia, learned Special Government Pleader, who took notice for the respondents 1 and 2, sought time to ascertain the steps taken by the second respondent. At her request, the matter stood adjourned today.

5. Today, the second respondent/the Joint Sub Registrar, Virudhunagar is present before this Court and submits that the petitioners have not appeared before him and therefore, for want of appearance, he has not proceeded further with the registration of petitioners' marriage.

5. In view of the said submission, the petitioners are directed to appear, along with the necessary documents, before the second respondent on or before 26.07.2023 (Wednesday) and on that day, the second respondent, after verifying with the documents, shall register the petitioners' marriage and issue necessary certificate to that effect. 4/6

6. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 18.07.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To

1. The District Registrar, 58/1, Cutchery Road, Virudhunagar - 626 001.

2. The Joint Sub-Registrar, Joint No.1, Virudhunagar.

3. The Ramanathapuram Samasthanam- Devasthanam, Aranmanai, Laxmipuram, Ramanathapuram - 623 501.

4. The Enquiry Officer, Sri Arulmighu Kailasanathar Kovil, Palavanatham Village, Aruppukkottai Taluk, Virudhunagar District.

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B.PUGALENDHI, J.

ogy 18.07.2023 6/6