JUDGMENT : Anu Sivaraman, J. 1. The prayers in this writ petition are as follows:- "(i). To issue a writ of mandamus or any other appropriate writ order or direction commanding the 2nd respondent to consider Ext.P4 and solemnize the marriage of the petitioner with Miss. Laxmi Shivabhakti (Nepalese citizen having Nepal Passport No.09044260) as per the provisions of the Indian Christian Marriage Act, 1872 on 25.10.2016 or any other date and time fixed by this Hon'ble Court. (ii). To issue an writ of mandamus or any other appropriate writ order or direction commanding the 2nd respondent to issue certificate of the solemnization of the marriage of the petitioner with Miss. Laxmi Shivabhakti (Nepalese citizen having Nepal Passport No.09044260) as per the provisions of the Indian Christian Marriage Act, 1872 immediately after the marriage." 2. Heard the learned counsel for the petitioner and the learned Senior Government Pleader appearing for the respondents. 3. It is submitted by the learned counsel for the petitioner that though Ext.P4 application was preferred before the 2nd respondent as early as on 10.10.2016, the same was not acted upon in time and therefore the marriage could not be solemnised. 4. A counter affidavit has been filed on behalf of the 2nd respondent contending as follows:- "It is submitted that Section 5(4) and Section 7 of this Act provides the persons by whom marriage may be solemnized and Marriage Registrar respectively. As per Section 5(4) the marriage can be solemnized by or in the presence of a Marriage Registrar and Section 7, states that the State Government may appoint one or more Marriage Registrars for any District subject to its administration. The third part of Section 7 state that "District Magistrate when to be a Marriage Registrar". It is stated that when there is a Marriage Registrar in a District appointed by the State Government and such Marriage Registrar is absent from such District, or ill or when his office is temporarily vacant, the Magistrate of the District shall act as and be the Marriage Registrar thereof during such absence, illness or temporary vacancy. In this case, the Marriage Registrar has not been appointed so far by the Government and hence District Magistrate is not empowered to act as a Marriage Registrar. The averment of the petitioner that the District Magistrate can act in the absence of the Marriage Registrar is not correct. In this case, the Marriage Registrar has not been appointed so far by the Government and hence District Magistrate is not empowered to act as a Marriage Registrar. The averment of the petitioner that the District Magistrate can act in the absence of the Marriage Registrar is not correct. As per the Act the District Magistrate can act as Marriage Registrar only if there is a specific appointment and in cases of absence of the Marriage Registrar for some reasons." 5. It is contended that the Government had not made appointments of Marriage Registrar under the Indian Christian Marriage Act, 1872 (hereinafter referred to as 'the Act'). The District Magistrate is not competent to function as the Marriage Registrar. However, on a reading of the provisions of Section 7 of the Act, it is clear that if no Marriage Registrar is appointed in terms of the Act, the District Magistrate is empowered to act as the Marriage Registrar and no further order of appointment is required. 6. In the above view of the matter, the refusal on the part of the 2nd respondent to take up Ext.P4 application and to register the marriage on the ground that he has not been specifically appointed as Marriage Registrar cannot be countenanced. In view of the provision of Section 7 of the Act, the District Magistrate is empowered to act as Marriage Registrar if no such Registrar is appointed under the Act. 7. In the above circumstances, there will be a direction to the 2nd respondent to take up any fresh application preferred by the petitioner for registration of marriage under the provisions of the Act and act on the same on the strength of his officiation as the Marriage Registrar by virtue of Section 7 of the Act. This writ petition is ordered accordingly.