Madras High CourtWP(MD)/28486/2023allowed

Pothumponnu v. The Commissioner

2023-12-01Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Pothumponnu ... Petitioner Vs.

1.The Commissioner, Madurai Corporation, Madurai.

2.The Registrar, Birth and Death Certificate, Head Quarters, Madurai Corporation, Madurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents herein to rectify the petitioner's name as Pothumponnu instead of Kaleswari in the Birth Certificate dated 26.02.2020 issued to her daughter namely Kayesh Pandipriya on the basis of the representation dated 18.11.2023 and remainder dated 29.11.2023 within the stipulated time period in accordance with law. For Petitioner : Mr.C.Senthil Murugan For Respondents : Mr.P.Anbunidhi for R1 : Mr.K.Balasubramani Special Government Pleader for R2 1/4

ORDER

Heard both sides.

2. The petitioner got married to one Sadyendran and a female child was born through wedlock on 29.07.2009. The birth certificate was also obtained. However, in the said birth certificate, the petitioner's name was wrongly mentioned as Kaleshwari instead of Pothumponnu. The petitioner's daughter is presently studying in 10th standard at Government School, Manamadurai. The birth certificate is emergently required for attending the public examination. The petitioner had earlier approached the Tahsildar, Paramakudi for carrying out the correction. The said authority had recommended the petitioner's request for rectification. The second respondent in his communication dated 17.11.2023 had also endorsed to the petitioner's request favorably.

3. In these circumstances, correction by the second respondent is only a matter of course. From the materials enclosed in the typed set of papers, I am satisfied that a genuine mistake had crept in and it warrants correction. The Registrar (Birth and death), Headquarters, Madurai Corporation, Madurai is directed to make changes sought for and issue a revised birth certificate for the petitioner's daughter (Kayesh Pandipriya). This shall be done immediately and without any delay.

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4. The Writ Petition is allowed. No costs.

01.12.2023 Index : Yes / No Internet : Yes/ No rmi NOTE:Issue Order Copy on 04.12.2023 3/4

G.R.SWAMINATHAN, J.

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