Christina Shirley S v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.24145 of 2023 Mrs.S.Christina Shirley ... Petitioner v.

1.The District Collector, Virudhunagar, Virudhunagar District.

2.The Revenue Divisional Officer, Sivakasi, Virudhunagar District.

3.The Commissioner, Municipality of Srivilliputhur, Virudhunagar District.

4.The Tahsildar, Srivilliputhur, Virudhunagar District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the order passed by the third respondent Srivillliputhur Municipal Council vide Na.Ka.En.4388/2022/H2 dated 1/5

15.05.2023, quash the same consequently direct the second respondent to conduct an enquiry in accordance with the Guideline issued under under G.O(Ms) No.324 dated 28.06.2023 and to issue a birth certificate. For Petitioner : Mr.K.V.Dhanapalan For Respondents: Mr.K.Balasubramanian, Special Government Pleader for R1, R2 and R4 No appearance for R3

ORDER

The impugned order was passed by the third respondent. The petitioner wants to register her birth. The Revenue Divisional Officer, Sivakasi is the competent authority. But for birth registration, the petitioner has to obtain a certificate indicating that her birth was earlier not registered. The petitioner approached the third respondent and the third respondent issued certificate dated 18.07.2022 in the following terms :

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Based on the same, the petitioner approached the Revenue Divisional Officer also. At this stage, based on the objections made by a third party, the impugned order dated 15.05.2023 came to be issued. It is stated that the petitioner was not put on notice before passing the impugned order. On the ground of violation of principle of natural 3/5

justice, the impugned communication dated 15.05.2023 issued by the third respondent dated 15.05.2023 to the Tahsildar, Srivilliputhur is set aside.

2.This writ petition is allowed. No costs.

15.12.2023 Index : Yes / No Internet : Yes/ No skm To 1.The District Collector, Virudhunagar, Virudhunagar District. 2.The Revenue Divisional Officer, Sivakasi, Virudhunagar District. 3.The Commissioner, Municipality of Srivilliputhur, Virudhunagar District.

4.The Tahsildar, Srivilliputhur, Virudhunagar District. 4/5

G.R.SWAMINATHAN, J.

SKM WP(MD)No.24145 of 2023 15.12.2023 5/5