V.Sudalaimadathi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN V.Sudalaimadathi ... Petitioner /Vs./ The District Collector, Office of the District Collector, Tenkasi District.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to consider the petitioner's representation dated 26.02.2024 with the time limit fixed by this Court and further directing the respondent to pass order to issue her the birth certificate of the petitioner's elder daughter namely Yamunadevi aged 12 years from concerned authority.

For Petitioner : Mr.M.Anantharaj For Respondent : Mr.D.Gandhi Raj Special Government Pleader 1/4

ORDER

This writ petition has been filed for a direction to the respondent to consider the representation submitted by the petitioner for issuance of birth certificate of the petitioner's elder daughter, who is aged about 12 years.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. Heard the learned counsel on either side and perused the materials placed before this Court.

3. The petitioner is the mother of two female children, namely, Yamunadevi and Prathiba, who are aged about 12 and 11 years respectively. The petitioner's husband left the petitioner and is living with another woman. The petitioner's elder daughter's birth was not registered till date. In order to admit her in school for further education, the authorities concerned insisted the petitioner to produce the birth certificate of her daughter. Therefore, the petitioner applied for registration of her elder daughter's birth certificate. However, it was not considered. As such, the petitioner made a representation before the 2/4

respondent. Since the representation has not been considered till date, the present writ petition has been filed.

4. The learned Special Government Pleader appearing for the respondent would submit that the competent authority for issuance of the birth certificate is only the Revenue Divisional Officer.

5. In view of the above, the petitioner is directed to submit proper application before the Revenue Divisional Officer, Tenkasi, along with all requisite documents, within a period of one week from the date of receipt of a copy of this order. On receipt of the same, the Revenue Divisional Officer, Tenkasi, is directed to consider and pass orders on the petitioner's application within a period of two weeks thereafter.

6. With the above direction, this writ petition is disposed of. No costs.

05.11.2024 Index : Yes / No NCC : Yes / No sm 3/4

G.K.ILANTHIRAIYAN , J.

Sm COPY TO:- 1.The Revenue Divisional Officer, Tenkasi.

TO:- The District Collector, Office of the District Collector, Tenkasi District.

Order made in Dated:

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