A.Peeter v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2024

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR A.Peeter ... Petitioner in both petitions Vs.

1.The Commissioner, Kovilpatti Municipality, Kovilpatti, Thoothukudi District.

2.The Dean, Government Hospital, Kovilpatti-628 501, Thoothukudi District.

3.The Registrar of Birth and Death, Kovilpatti Municipality, Kovilpatti, Thoothukudi District.

... Respondents in both petitions COMMON PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd and 3rd respondents to carry out correction of father's name as Peeter instead of Inico Peeter in the birth certificate of petitioner's son and daughter issued by the 3rd respondent in registration No. 1173/2010/03 and 917/2009/03 dated 03.09.2010 and 30.11.2009, respectively by disposing the petitioner's representation dated 15.04.2024 within a time frame that may be stipulated by this Court.

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In both petitions:

For Petitioner : Mr.R.Ponkarthikeyan For R1 & R3 : Mr.A.Kannan Additional Government Pleader For R2 : Mr.J.Parekh Kumar Standing Counsel COMMON ORDER These writ petitions have been filed to direct the second respondent to carry out the correction of father's name as Peeter instead of Inico Peeter in the birth certificate of petitioner's children by disposing the petitioner's representation, dated 15.04.2024.

2.Mr.A.Kannan, learned Additional Government Pleader takes notice for the respondents 1 & 3 and Mr.Parekh Kumar, learned Standing Counsel takes notice for the second respondent in both petitions. 3.By consent of both parties, these writ petitions are taken up for final disposal at the admission stage itself.

4.It is the grievance of the petitioner that in the birth certificate issued to his children, in the column 'father's name', the name of the petitioner is referred as Inico Peeter, instead of Peeter. In all other documents, the name of the petitioner is reflected as Peeter. In this regard, he has already given 2/5

applications to the second respondent. However, the same have not been considered. Hence, he seeks a direction.

5.The learned Additional Government Pleader for the respondents 1 and 3, on instructions, submitted that the second respondent hospital has to make necessary entries in the birth register maintained in the hospital and thereafter, the same shall be forwarded to the third respondent. Only based on that entry, orders will be passed by the third respondent. 6.The fact that a mistake has been committed in the birth certificate of the children of the petitioner is not disputed by the respondents. Only the surname of the petitioner's children is wrongly mentioned in their birth certificate. In all other documents, the name of the petitioner has been correctly referred. 7.

In such view of the matter, the second respondent hospital is directed to conduct necessary enquiry in this regard and make necessary entries in the brith register and forward the same to the third respondent. On receipt of the same, the third respondent shall make necessary correction in the birth certificate of the petitioner's children. The said exercise shall be made within a period of three months from the date of receipt of a copy of this order.

8.With the above direction, these writ petitions are disposed of. No costs. 24.09.2024 NCC:yes/no Index:yes/no Internet:yes/no ta To 1.The Commissioner, Kovilpatti Municipality, Kovilpatti, Thoothukudi District.

2.The Dean, Government Hospital, Kovilpatti-628 501, Thoothukudi District.

3.The Registrar of Birth and Death, Kovilpatti Municipality, Kovilpatti, Thoothukudi District.

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N.SATHISH KUMAR, J.

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