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Madras High CourtWP(MD)/23511/2019allowed

S.Jeyakumar v. The Revenue Divisional Officer

2019-11-14Honourable Mr Justice M. Govindaraj2 pages

W.P.(MD) No.23511 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.11.2019

CORAM

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD) No.23511 of 2019 S.Jeyakumar ... Petitioner Vs.

1.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Tenkasi, Tirunelveli District.

2.The Village Administrative Officer, Birth & Death Registrar, No.16, Radhapuram Village, Radhapuram Taluk, Tirunelveli District.

... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to change the Date of birth of the petitioner's female child namely Ragava Dharshini D/o.S.Jeyakumar in her Birth Certificate dated 22.11.2018 issued by the second respondent in the light of the discharge summary of Dr.Velavan Multi Speciality Hospital, Radhapuram by considering the petitioner's representation dated 11.07.2019 as earliest within a time frame fixed by this Court. For Petitioner : Mr.J.Senthil Kumaraiah For Respondents : Mr.J.Padmavathi Devi, Special Government Pleader.

ORDER

This Writ Petition has been filed to direct the respondent to consider the petitioner's representation, dated 11.07.2019, which was made to change the date of birth of the petitioner's female child.

2.The petitioner married to one Ponsiva. Out of the wed-lock, one female child was born to them on 18.10.2018. After her birth, the petitioner has registered the birth before the second respondent, wherein it was recorded the date of birth as "17.10.2018" instead of "18.10.2018". He produced the discharge https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.23511 of 2019 summary issued by the Hospital and sought for rectification of the error. Since the representation made by the petitioner has not been considered by the respondents, the petitioner is before this Court. 3.From the perusal of the records, it is seen that the female child was born on 18.10.2018 at 1.45 a.m., at Dr.Velavan Multi Speciality Hospital, Radhapuram. When fact remains so, there is no necessity to give some other date.

4.Considering the factual circumstances, a direction is given to the second respondent to alter the date of birth as 18.10.2018 and issue fresh birth certificate to the petitioner, within a period of two weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (Writs) // True Copy // Sub Assistant Registrar(CS) gns To 1.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Tenkasi, Tirunelveli District.

2.The Village Administrative Officer, Birth & Death Registrar, No.16, Radhapuram Village, Radhapuram Taluk, Tirunelveli District.

+1 CC to M/s.J.SENTHIL KUMARAIAH, Advocate ( SR-98568[F] dated 15/11/2019 ) +1 CC to M/s.GP ( SR-99048[F] dated 18/11/2019 ) W.P.(MD) No.23511 of 2019 14.11.2019 JMN(11.12.2019) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2