A.Jai Sankar, v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI A.Jai Sankar ... Petitioner Vs.

The Commissioner, (Registrar of Births and Deaths) Ramanathapuram Municipality, Municipal Office, Ramanathapuram.

... Respondent Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondent to correct the name of father of the petitioner's daughter as Jai Sankar instead of Vinoth as mentioned in the birth certificate of his daughter Ruthvikaa issued by the respondent on 31.01.2018, by considering the petitioner's representation to the respondent dated 06.06.2018. For Petitioner : Mr.S.Ramasamy For Respondent : Mr.A.Kannan

ORDER

The petitioner has approached this Court with a grievance that in the birth certificate of his daughter, namely Ruthvikaa issued by the respondent Municipality on 31.01.2018, the father name has been wrongly mentioned as Vinoth, instead of Jaisankar.

2. The learned counsel for the petitioner submits that the petitioner name is Jaisankar, However, without ascertaining the same, the respondent has mechanically registered the father of her daughter as Vionth instead of Jai Sankar. Therefore, the petitioner has submitted an application along with documents for rectification of the said mistake. But, the respondent has not considered the same.

3. The learned counsel for the respondent submitted that the father name has been recorded as per the hospital records produced before the respondent and in the hospital records, the father name of Ruthvikaa is mentioned only as Vinoth.

4. This Court considered the rival submissions made on either side.

5. The petitioner claims that his name is Jai Sankar. However, inadvertently in the birth certificate of his daughter, it was mentioned as Vionth. The respondent shall conduct an enquiry on the representation of the petitioner's dated 06.06.2018, as per Section 15 of the Registration of Births and Deaths Act, which enables the respondent to make any correction or cancellation of entry in the Register of Births and Deaths. If the enquiry reveals that there is any inadvertent mistake in the entries made in the birth certificate of the petitioner's daughter, the same shall be corrected as expeditiously as possible.

6. Accordingly, this Writ Petition is disposed of. No costs. 25.03.2024 NCC : Yes/No Index : Yes/No Internet : Yes/No cp

B.PUGALENDHI,J cp W.P.(MD)No.13159 of 2018 Dated: 25.03.2024