The Commissioner vs S.Kalimuthu
2025 Latest Caselaw 6267 Mad

Madras High Court

The Commissioner vs S.Kalimuthu on 22 April, 2025

Author: S.Srimathy

Bench: J.Nisha Banu, S.Srimathy

                                                                                               WA(MD). No.1081 of 2025


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                         Date : 22/04/2025

                                                                CORAM

                                   THE HONOURABLE Mrs. JUSTICE J.NISHA BANU
                                                  AND
                                    THE HONOURABLE Mrs. JUSTICE S.SRIMATHY

                                                  WA(MD). No.1081 of 2025
                                                and CMP(MD) No.6805 of 2025

                     The Commissioner
                     Karaikudi Municipality
                     Karaikudi
                     Sivagangai District                                                         ... Appellant
                                                                     v.

                     S.Kalimuthu                                                              ... Respondent

                     PRAYER :- Writ Appeal filed under Clause 15 of Letters patent against
                     the order of this Court dated 24.07.2024 in WP(MD). No.9032/2024.
                                        For Appellants         : Mr.EP.Venkateshwar


                                                             JUDGMENT

(Judgment of the Court was delivered by S.SRIMATHY,J.)

The respondent in the writ petition is the appellant herein.

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2. Challenging the order of the writ Court dated 24.07.2024 in

WP(MD) No.9032 of 2024, this appeal has been filed.

3. The writ petition was filed to correct the date of birth of the first

respondent's son. Since his son's date of birth differed in the passport

and other documents with that of the birth certificate, he filed the writ

petition to alter the same. The writ Court, finding that there is a ground

made out to correct the date of birth, directed the appellant herein to

change the same and issue the same by making necessary corrections.

Aggrieved by the same, the appellant authority is before this Court.

4. The appellant assailed the order of the writ Court on the ground

that when the birth of the first respondent's son was registered in the

hospital records as 21.08.1986, the same has been entered into in the

birth certificate and hence, the same cannot be altered. It is their

contention that the correction to be done only by the Executive

Magistrate and not by the appellant. When that be the case, the writ

Court directed the appellant to make necessary corrections. It is also their

case that if any corrections are carried out, it should be carried out within

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a period of one year. However, in the case on hand, the petitioner has

approached the Court after decades. Hence, on these grounds, the

appellant seeks interference of the order of the writ Court.

5. We have considered the submissions and perused the materials

available on record.

6. It is seen from the records that the date of birth of the first

respondent's son was entered by the hospital authorities as 21.08.1986.

However, it is the case of the respondent before the writ Court that in the

passport and all other records, the date of birth of his son was mentioned

as 13.05.1986. However, in the birth certificate alone, it is mentioned as

21.08.1986 and hence, his son is facing some difficulties.

7. From the above, it is clear that parallel entry cannot be made.

However, it is the case of the respondent that the date of birth in the birth

certificate has been inadvertently mentioned. Hence, the writ Court had

rightly directed the appellant to make necessary and therefore, the

grounds raised cannot be entertained in the present writ appeal.

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Accordingly, the writ appeal is dismissed. No costs. Consequently

connected Miscellaneous Petition is closed.

                                                       [J.N.B.,J]                        [S.S.Y.,J]
                                                                          25.04.2025
                     NCC : Yes/No
                     Index : Yes/No

                     RR









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                                                                            J.NISHA BANU, J
                                                                                      AND
                                                                             S.SRIMATHY, J.


                                                                                            RR




                                                                                 ORDER
                                                                                       IN





                                                                            Date : 25/04/2025

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