Madras High CourtWP(MD)/22019/2025disposed of

Jayalakshmi v. The Commissioner

2025-08-12Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN Jayalakshmi ... Petitioner -vsThe Commissioner, Madurai Corporation, Madurai.

... Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondent to issue ''No Birth Registration Certificate'' of the petitioner's son namely, Kasinathan, son of Subramanian, based on petitioner's petition dated 04.04.2025, within stipulated time fixed by this Court.

For Petitioner : Mr.S.Madhankumar For Respondent : Mr.P.Anbunidhi Standing Counsel

ORDER

The petitioner is before this Court seeking a Writ of Mandamus, to direct the respondent to issue a "No Birth Registration Certificate" (i.e., a nonavailability certificate).

2. It is the case of the petitioner that her son was born on 07.05.1982. However, his birth was not registered under the provisions of the Registration of Births and Deaths Act, 1969.

3. The learned Standing Counsel for the respondent submits that the petitioner was asked to furnish the following documents, in accordance with the requirements of Circular No.1/10/2004 - VS (CRS), dated 31.01.2007, issued by the Government of India, Ministry of Home Affairs, Office of the Registrar General of India, New Delhi:- ''1. School certificate

2. Notary Public affidavit on stamp paper worth Rs.100/-

3. A document proving that the person was residing at the address where the birth occurred, at the time of the birth.

4. Medical examination report issued by the hospital at the time of delivery

5. Reports related to prenatal and postnatal medical care

6. Vaccination records, if any

7. Copies of birth certificates of other children born before and after the subject child''

4. According to the petitioner, she has already submitted the aforementioned documents along with a representation dated 04.04.2025 and a subsequent representation dated 26.07.2025. However, the respondent has not considered the same. Hence, the present Writ Petition.

5. Be that as it may, the respondent is directed to scrutinize the petitioner's representations. The petitioner shall also furnish the above-mentioned documents once again, within a period of one week from the date of receipt of a copy of this order.

6. Subject to the petitioner producing the required documents, the respondent is directed to verify the same and issue the "No Birth Registration Certificate" as expeditiously as possible, preferably within a period of two (2) months thereafter.

7. Accordingly, the Writ Petition stands disposed of. No costs. NCC : Yes / No 12.08.2025 Index : Yes / No smn2 To:- The Commissioner, Madurai Corporation, Madurai.

C.SARAVANAN , J.

smn2 W .P.(MD)No.22019 of 2025 12.08.2025