K. Nanthini v. The Executive Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2020
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE (Through the Video Conferencing) K.Nanthini ... Petitioner Vs The Executive Officer, Batlangundu Town Panchayat, Bathlangundu, Dindigul District.
... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent herein to consider the petitioner's representation dated 28.11.2020 and consequently direct the respondent to issue a Correct Birth Certificate mentioning the correct father's name and house address in respect of the birth registration No.1102/2014/01 issued on 15.10.2014 in favour of the petitioner's daughter Vaishnavi within the time stipulated by this Court.
For Petitioner : Mr.T.Manikandan For Respondent : Mr.C.Ramar Additional Government Pleader
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the respondent to consider the petitioner's representation dated 28.11.2020 requesting the respondent to correct the Birth Certificate of her daughter Vaishnavi by incorporating the correct father's name and address.
2. Mr.C.Ramar, learned Additional Government Pleader accepts notice for the respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3. Heard T.Manikandan, learned counsel for the petitioner and Mr.C.Ramar, learned Additional Government Pleader for the respondent.
4. It is the case of the petitioner that she gave birth to a female child by name Vaishnavi on 20.08.2014. According to her, the father's name of Vaishnavi is Vijayakumar. But, in the Birth Certificate, it is mentioned as "R.Soundarapandian". It is also the 1/3
case of the petitioner that the address is also wrongly mentioned as "No.2/7, Gokulam Street, Kannamangalam, Kannamangalam Post, Ilayankudi Taluk, Sivagangai District" instead of Ward No.2, Door No.1, Muthalammankovil Street, G.Kallupatti, Periyakulam Taluk, Theni District". The petitioner has given a representation on 28.11.2020 to the respondent requesting him to correct the name of the father as well as by incorporating the correct address in the Birth Certificate of her daughter Vaishnavi. It is also her case that till date, the said representation has not been considered. In such circumstances, this Writ Petition has been filed.
5. The relief sought for by the petitioner in this Writ Petition is an innocuous relief. No prejudice will be caused to the respondent, if the petitioner's representation dated 28.11.2020 seeking for correction in the Birth Certificate of her daughter Vaishnavi is considered by the respondent on merits and in accordance with law after holding proper enquiry.
6. For the foregoing reasons, this Court directs the respondent to consider the petitioner's representation dated 28.11.2020 seeking for correction in the Birth Certificate of her daughter Vaishnavi by incorporating the correct name of the father of Vaishnavi as "Vijayakumar" instead of R.Soundarapandian and by incorporating the correct address as "Ward No.2, Door No.1, Muthalammankovil Street, G.Kallupatti, Periyakulam Taluk, Theni District" instead of No.2/7, Gokulam Street, Kannamangalam, Kannamangalam Post, Ilayangudi Taluk, Sivagangai District and pass final orders on merits and in accordance with law after hearing the petitioner as well as the other necessary parties within a period of eight weeks from the date of receipt of a copy of this order.
7. With the aforesaid direction, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg Note: In view of the present lock down owing to COVID19 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.
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To The Executive Officer, Batlangundu Town Panchayat, Bathlangundu, Dindigul District.
Order made in Dated :
22.12.2020 TP(CO) NR (08/01/2020) 3P : 2C 3/3