Review application dismissed. The Court held the petitioner did not make a positive request to change his date of birth within the statutory five-year limit. The review cannot serve as an appeal to re-argue the writ petition.
Review Application dismissed. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 24.01.2020
CORAM
THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN
AND
THE HONOURABLE MRS. JUSTICE R.HEMALATHA
Rev.Apln.No.227/2019
K.Thirumalaimuthu
.. Petitioner
Versus
rep.by the Secretary to Government Ministry of Corporate Affairs, Shastri Bhavan, New Delhi 110 001.
PRAYER:Review Application filed under Order 47 Rule 1 read with Section 114 of the Code of Civil Procedure to review the order passed in WP..No.26246/2010 dated 23.11.2010.
For Petitioner : Mr.P.Ulaganathan For R1 : Mr.V.Chandrasekaran, SPC R2 : Tribunal
ORDER
[Order of the Court was made by M.SATHYANARAYANAN,J.,]
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make a positive request to change the Date of Birth from 12.07.1962 to 16.09.1963. Thereafter, the petitioner moved the jurisdictional Magistrate by filing a petition under the Registration of Births and Deaths Act and pursuant to the orders passed thereon, he got the Birth Register Extract and thereafter, submitted a comprehensive representation dated 23.12.1993 for changing the Date of Birth in his Service Record. In the considered opinion of the Court, the said representation dated 23.12.1993 was submitted after five years from the date of service by the petitioner on 10.08.1987.
Sd/Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
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To
1.The Secretary to Government Union of India Ministry of Corporate Affairs, Shastri Bhavan, New Delhi 110 001. 2.The Registrar Central Administrative Tribunal Chennai Bench, Chennai-104. +1cc to Mr.P.Ulaganathan, Advocate sr.5189 +1cc to Mr.V.Chandrasekaran, Advocate sr.6292
Rev.Apln.No.227/2019
vgii(co) nr 28/02/2020
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3 issues framed by the court
Whether the petitioner can claim relief for change of date of birth in service record when the positive representation was made after five years.
Whether the review application can be used to re-argue the underlying writ petition.
Whether there is an error apparent on the face of the record regarding the rejection of the date of birth change request.
2 provisions across 1 enactments
K.Thirumalaimuthu
Union of India
Central Administrative Tribunal Chennai Bench
M. SATHYANARAYANAN
R.HEMALATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
