Selvin Devasahayam v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Selvin Devasahayam, Rep. by his power holder, Arul.

... Petitioner /Vs./ The Commissioner, Colachel Municipality, Kanniyakumari District.

... Respondent P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the respondent vide his proceedings Na.Ka.No. 868 / 2022 / H1 dated 29.07.2022 and quash the same as illegal and consequently direct the respondent to correct petitioner's date of birth as 22.04.1976 in the register maintained by the respondent and issue corrected birth certificate showing the petitioner's date of birth as 22.04.1976.

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For Petitioner : Mr.K.P.Narayanakumar For Respondent : Mr.S.Shanmugavel Additional Government Pleader

ORDER

This writ petition has been filed challenging the order passed by the respondent dated 29.07.2022 thereby rejected the request made by the petitioner to change his date of birth in the birth register as 22.04.1976 instead 23.02.1976.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. The petitioner was born on 23.02.1976 to his parents and his birth was duly intimated to the registering authority, that too after naming the petitioner as Selvin Devasahayam. On such information, the registering authority registered the petitioner's birth as he was born on 23.02.1976 in the birth register. However, the petitioner wrongly mentioned his date of birth in his school records and all other documents. 2/4

In pursuant to the same, now the petitioner made a request to change his date of birth in the birth register.

4. There is absolutely no reason to correct the registration of the birth of the petitioner, since it was duly registered on information from the hospital as well as the petitioner's parents. Therefore, the birth of the petitioner cannot be corrected in the birth register and the request made by the petitioner was rightly rejected. This Court finds no infirmity or illegality in the order passed by the respondent. This writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition is dismissed. No costs.

29.01.2025 Index : Yes / No NCC : Yes / No Sm 3/4

G.K.ILANTHIRAIYAN , J.

Sm TO:- The Commissioner, Colachel Municipality, Kanniyakumari District.

Order made in Dated:

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