Manjula v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR Manjula ... Petitioner Vs.

1.The Tahsildar, O/o the Tahsildar, Devakottai Taluk, 2.The Sub Registrar, Devakottai Taluk, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to rectify the wrong entry was made in the petitioner's son Ajithkumar's Birth Certificate and Birth Register also i.e., Father Name was wrongly entered as Selvakumar instead of Selvam and issue fresh corrected Birth Certificate on the basis of the petitioner's representation dated 07.08.2019.

For Petitioner : Mr.L.Chandrasekaran For Respondents : Mr.V.Anand Government Advocate

ORDER

Mr.L.Chandrasekaran, learned counsel on record for writ petitioner is before this Court.

2. Mr.V.Anand, learned Government Advocate accepts notice on behalf of both respondents.

3. With consent of learned counsel on both sides, main writ petition is taken up, heard out and is being disposed of.

4. The main writ petition turns on a very narrow compass, as it is one seeking mandamus qua disposal of writ petitioner's representation dated 07.08.2019 wherein writ petitioner has sought correction in the birth certificate of her son Ajithkumar.

5. Notwithstanding several averments made in the affidavit filed in support of the writ petition, notwithstanding several 1/3

grounds raised / contentions urged in the affidavit filed in support of instant writ petition, learned counsel for writ petitioner abridges the scope of the writ petition and submits that it will suffice if the second respondent is directed to dispose of the aforementioned representation of the writ petitioner, dated 07.08.2019, details of which have been alluded to supra.

6. Learned State counsel submitted that the second respondent is the authority who shall consider the aforementioned representation dated 07.08.2019 made by the writ petitioner (page No. 9 and 10 of the typed set of papers forming part of the case file).

7. The aforesaid representation dated 07.08.2019 shall be disposed of by the second respondent on its own merits and in accordance with law as expeditiously as possible and in any event, within a period of eight (8) weeks from the date of receipt of a copy of this order.

8. It is made clear that in the course of the representation being considered by the second respondent, if the rights of any other third party / parties or any other third party entity / entities is / are likely to be affected, the second respondent shall give reasonable opportunity to such third party / parties or any other third party entity / entities, before disposing of the aforementioned writ petitioner's representation. Though obvious, it is made clear that this Court has not expressed any opinion or view on the merits of the matter.

9. The proceeding / order of disposal shall be communicated by the office of the second respondent to the writ petitioner under due acknowledgement within seven (7) working days from the completion of aforesaid exercise.

10. Instant Writ Petition is disposed of with the above directions. There shall be no order as to costs. Sd ASSISTANT REGISTRAR TRUE COPY SUB ASSISTANT REGISTRAR ( CS ) SSL To 1.The Tahsildar, O/o the Tahsildar, Devakottai Taluk, 2/3

2.The Sub Registrar, Devakottai Taluk, 1CC TO MR. L.CHANDRASEKAR, ADVOCATE SR 82678 1CC TO THE SPL GOVT PLEADER SR 88396 KK 11/10/2019 3P/5C 19.09.2019 3/3