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2015 DIGILAW 609 (MAD)

G. Urukalan v. Tahsildar, South Taluk, Madurai District

2015-02-02

V.M.VELUMANI

body2015
Judgment :- The petitioner has come up with this writ petition to direct the Respondents to enter the name of the son of petitioner in the birth certificate as per the application dated 07.03.2012 in terms of Rule 10 of Tamil Nadu Registration of Birth and Deaths Rules 2000. 2. The petitioner has registered the birth of his first son, who was born on 01.12.1992 at Thuvarimaan Village, South Taluk, Madurai District and his birth was registered at the office of the third respondent. At the time of registration of birth of his first son, no name was given to his son, therefore, name of the child was not mentioned and registered. Subsequently, for admission in the School the name of his son has to be entered in the birth certificate. Therefore, he approached the second respondent to register the name of his son in the birth certificate as per Rule 10 of the Tamil Nadu Registration of Births and Deaths Rules. He was directed to approach the third respondent and in turn the third respondent directed the petitioner to approach the office of the second respondent to make the necessary entries in the birth certificate. Therefore, the petitioner has filed the present writ petition for the relief stated supra. 3. The second respondent has filed the counter affidavit stating that in the birth register of Thuvariman Village of Madurai South Taluk, which is a Village Panchayat, there is an entry of birth of a male child on 01.12.1992 to one Thiru.Urkalan and the birth of the child is found to have been registered on 03.12.1992 as No.5 leaving the column No.5 intended for entering the name of the child blank. The petitioner has made an application to make the son's name in the birth register. The second respondent is not the authority. According to the second respondent, only the third respondent is the authority to make entries in the register and therefore, prayed for dismissal of the writ petition. 4. Heard Mr.S.J.Chakravarthi, learned counsel for the petitioner, Mr.M.Murugan, learned Government Advocate appearing for the respondents 1 and 2 and Mr.Aayiram K.Selvakumar, learned Government Advocate appearing for the third respondent. 5.This Court by the order dated 07.11.2008 made in W.P.(MD)No.7591 of 2008 considered issue and held as follows:- "4. 4. Heard Mr.S.J.Chakravarthi, learned counsel for the petitioner, Mr.M.Murugan, learned Government Advocate appearing for the respondents 1 and 2 and Mr.Aayiram K.Selvakumar, learned Government Advocate appearing for the third respondent. 5.This Court by the order dated 07.11.2008 made in W.P.(MD)No.7591 of 2008 considered issue and held as follows:- "4. The perusal of the records would reveal that Form No.5 was issued by the Sub Registrar concerned to the effect that the birth of a male took place on 02.06.1985 at Melakottai and the parents' name of the child was recorded as A.Selvaraj and Lakshmi. As per Rule 10 of the Tamil Nadu Registration of Births and Deaths Rules, 2000, the President of the Village Panchayat is the competent authority who could order inclusion of such name in the said birth entry. The learned Counsel for the petitioner also highlighted that the records are available only with the first respondent and hence, necessary direction might be given to the first respondent to send the records to the Panchayat President (the third respondent) to get it incorporated. 5. Hence, in these circumstances, the following direction is issued: The petitioner shall appear before the third respondent with a copy of the representation already submitted for inclusion of his son's name as S.Chelladurai in the relevant column of the birth entry, whereupon the third respondent shall conduct enquiry as he might deem fit and proper to satisfy about the genuineness of the claim of the petitioner to include his son's name in the relevant birth entry and in order to accomplish this task, he is at liberty and shall also have the power to call for the records from the first respondent who shall also comply with the same and thereafter, pass necessary and suitable orders and the entire process shall be completed within a period of one month from the date of receipt of a copy of this order." 6. In view of the order, dated 07.11.2008 made in W.P.(MD)No.7591 of 2008 it is open to the petitioner to make a representation to the concerned Village Administrative Officer, Thuvariman Village, Madurai District within a period of two weeks from the date of receipt of a copy of this order and on receipt of such representation, the Village Administrative Officer, Thuvariman Village is directed to forward the same to the third respondent and the third respondent is directed to call for the records from the second respondent and enter the name of the child in the birth certificate. The Village Administrative Officer, Thuvariman Village and the respondents 2 and 3 are directed to complete the procedure within four weeks thereafter. 7. With the above observations and direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition also closed.