Petitioner sought a writ directing issuance of a birth certificate recording his date of birth as per school records, contrary to his Service Register entry. The court noted the serious factual dispute over his date of birth and directed him to seek a declaration from the civil court, on production of which the authorities shall issue the certificate.
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W.P.No.34258 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 05.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
W.P.No.34258 of 2024
B.Sekar
... Petitioner
Vs.
Prayer: Writ petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Certiorarified Mandamus to call for the records relating to the order No.Moo.Mu.(A3)2048/2024 dated 18.10.2024 passed by the third respondent and quash the same and consequently direct the third respondent to register the birth of the petitioner and issue birth certificate to the petitioner by registering the date of birth as 16.05.1971.
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W.P.No.34258 of 2024
For Petitioner : Mr.M.Gnanasekar
For Respondents : Mr.C.Sathish, Government Advocate for first respondent
Mr.S.Balamurugan Government Advocate for second and third respondents
ORDER
This writ petition is filed challenging the order passed by the
third respondent, rejecting the request of the petitioner to issue birth certificate by mentioning his date of birth as 16.05.1971.
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W.P.No.34258 of 2024
in the school records as 16.05.1971. It is also stated by him that the petitioner's date of birth was mentioned in his Service Register as 16.05.1965. He further submitted that the petitioner joined the School in the year 1976, immediately after completion of 5 years and therefore, the date of birth mentioned in his Service Register as 16.05.1965 is highly improbable. As such, the respondent is not entitled to seek production of Service Records to establish the correct date of birth.
dispute with regard to the date of birth of the petitioner. As per the Service Register, the date of birth of the petitioner is 16.05.1965, whereas, as per the school records, his date of birth is 16.05.1971.
shall be issued to the petitioner, as per the civil court decree.
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W.P.No.34258 of 2024
There shall be no order as to costs.
05.12.2024
Index:Yes/No Internet:Yes/No mst
To
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W.P.No.34258 of 2024
S.SOUNTHAR, J.
mst
W.P.No.34258 of 2024
05.12.2024
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1 issue framed by the court
Whether the respondents could insist on the petitioner's Service Register to establish his date of birth for issuance of a birth certificate, given a dispute between school and service records?
1 provisions across 1 enactments
B.Sekar
The Sub Registrar, Avarapakkam, Tindivanam Taluk, Villupuram District
The Sub Collector, Tindivanam, Villupuram District
The Thasildar, Tindivanam, Villupuram District
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
