Madras High Court
Selvamani vs The Sub Registrar on 21 June, 2022
W.P.No.14899 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
W.P.No.14899 of 2022
Selvamani ... Petitioner
Versus
1. The Sub Registrar,
Office of the Sub Registrar,
Paramathi-Velur Taluk,
Namakkal District.
2. The Executive Officer,
Velur Town Panchayat,
Paramathi-Velur Taluk,
Namakkal District ... Respondents
Petition filed under Article 226 of the Constitution of India praying to
issue Writ of Mandamus directing the second respondent to consider the
representation of the petitioner dated 22.09.2021 for issuance of fresh birth
certificate mentioning correct date of Birth of the petitioner's son as
“02.07.1985”instead of 25.06.1985 by taking into consideration of the order
passed in O.S.No.159 of 2020 dated 29.04.2021 within a stipulated time that
may be fixed by this Court.
For Petitioner : Mr.G.Vinoth
For Respondents : Mr.T.Sreenivasan
Spl.Govt.Pleader
ORDER
https://www.mhc.tn.gov.in/judis
W.P.No.14899 of 2022
This writ petition has been filed seeking for a Mandamus to direct the
second respondent to consider the representation of the petitioner dated
22.09.2021 for issuance of fresh birth certificate mentioning the correct date of
birth of the petitioner's son as “02.07.1985” instead of 25.06.1985 by taking
into consideration the order passed in O.S.No.159 of 2020 dated 29.04.2021
by the District Munsif, Paramathi.
2. According to the petitioner, her son S.Manikandan is now
employed in U.S.A and his correct date of birth is “02.07.1985” and not
25.06.1985. The petitioner has also obtained a judgment and decree on
29.04.2021 in O.S.No.159 of 2020 from the District Munsif Court, Paramathi
declaring that the correct date of birth of the petitioner's son Manikandan is
“02.07.1985”. Based on the judgment and decree, the petitioner has given a
representation to the respondents requesting them to issue a fresh birth
certificate of her son mentioning the correct date of birth as “02.07.1985”
instead of 25.06.1985. However, such representation has not been considered
till date. In such circumstances, the petitioner has filed this writ petition.
3. Heard Mr.G.Vinoth, learned counsel for the petitioner and
https://www.mhc.tn.gov.in/judis
W.P.No.14899 of 2022
Mr.T.Sreenivasan, learned Special Government Pleader for the respondents.
4. The petitioner has obtained judgment and decree on 29.04.2021 in
O.S.No.159 of 2020 from District Munsif Court, Paramathi, under which, the
District Munsif Court has declared that the petitioner's son S.Manikandan was
born on “02.07.1985” and not on 25.06.1985. The petitioner has also
produced documents like Aadhar card, Passport and mark sheet, declaring that
the correct date of birth of her son S.Manikandan is “02.07.1985”. The
petitioner has given a representation on 22.09.2021 to the second respondent
subsequent to the judgment and decree dated 29.04.2021 passed in O.S.No.159
of 2020 referred to supra, under which, the date of birth of the petitioner's son
S.Manikandan was declared as “02.07.1985”. No prejudice would be caused to
the respondents if the petitioner's representation dated 22.09.2021 is considered
on merits and in accordance with law in the light of judgment and decree dated
29.04.2021 passed in O.S.No.159 of 2020 by the District Munsif, Paramathi,
after affording a fair hearing to the petitioner within a time frame to be fixed by
this Court.
ABDUL QUDDHOSE, J
https://www.mhc.tn.gov.in/judis
W.P.No.14899 of 2022
sr
5. For the foregoing reasons, this Court directs the second respondent
to pass final orders on the petitioner's representation dated 22.09.2021 seeking
for issuance of a fresh birth certificate for her son S.Manikandan declaring his
date of birth as “02.07.1985” in the light of the judgment and decree dated
29.04.2021 passed in O.S.No.159 of 2020 by the District Munsif Court,
Paramathi within a period of twelve weeks from the date of receipt of a copy of
this order, after affording a fair hearing to the petitioner.
With the aforesaid direction, the writ petition is disposed of. No costs.
21.06.202
sr
Index: Yes/No
Speaking Order/Non-Speaking Order
To
1. The Sub Registrar,
Office of the Sub Registrar,
Paramathi-Velur Taluk,
Namakkal District.
2. The Executive Officer,
Velur Town Panchayat,
Paramathi-Velur Taluk,
Namakkal District W.P.No.14899 of 2022
https://www.mhc.tn.gov.in/judis
