Madras High CourtWP(MD)/18830/2021disposed of

Muruganantham v. The Thasildhar

2021-10-25Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.10.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Muruganantham ... Petitioner Vs.

1.The Tahsildar, 2.The Revenue Inspector, Mosukudi Village, 3.The Village Administrative Officer, Mosukudi Village, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the respondent no.1 to instruct the respondent nos.2 and 3 to issue First Marriage Certificate enabling the petitioner to obtain Birth Certificate for his child born on 19.08.2020 and also to register his marriage within a stipulated time period in accordance with law by considering his representation dated 05.10.2021.

For Petitioner : Mr.C.Senthil Murugan For R-1 to R-3 : Mr.P.Subbaraj, Counsel for State.

ORDER

The petitioner seeks a direction to the second and third respondents to issue the First Marriage Certificate to him.

2. The petitioner states that he entered into a relationship with one Arthi. A female child was born to them on 19.08.2020 at the Government Hospital, Paramakudi. Upon approaching the hospital authorities, the petitioner states that he was informed that he should obtain a First Marriage Certificate. Therefore, he applied for such certificate on 10.04.2021. The present Writ Petition is filed after submitting a representation dated 05.10.2021.

3. Mr.P.Subbaraj, learned counsel for the State, accepts notice for all the respondents. On instructions, he submits that 1/3

the report of the Village Administrative Officer has been forwarded to the Tahsildar for necessary action.

4. The petitioner has enclosed a copy of the birth report issued by the Health Inspector of the Government Hospital, Paramakudi. The said document discloses that a female child was born on 19.08.2020 to one Arthi. The petitioner has also produced the Family Card, Aadhaar Card and Transfer Certificate of himself and Arthi. He has also produced a photograph indicating that they are married.

5. From the documents on record, it is evident that the petitioner was born on 20.02.2000. Arthi was born on 26.01.2000. As such, it appears that both of them have attained the age when it would be lawful for them to get married. The birth report of the child is also on record. The laws of this Country do not prohibit an inter-caste marriage and, indeed, there is every reasons to encourage the same.

6. Subject to the above observations, the first respondent herein is directed to consider the petitioner's representation dated 05.10.2021 and initiate necessary action thereon within a period of two (2) months from the date of receipt of a copy of this order.

7. Accordingly, W.P(MD).No.18830 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg/LM 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 Tahsildar, 2/3

2.The Revenue Inspector, Mosukudi Village, 3.The Village Administrative Officer, Mosukudi Village, +1 CC to M/s.SPL.GP (SR-32579[F] dated 26/10/2021) 25.10.2021 NSN(CO) GC/UV(02.11.2021) 3P 5C 3/3