Disposed¶32

Jackuline v. Zonal Health Officer

Madras HC4 Feb 2025WP/19404/2024

Case brief

AI extract

What is this about?

birth certificate correction; place of birth; Vadodara Gujarat; Greater Chennai Corporation; Zonal Health Officer Birth and Death Section; Registering Authority; jurisdictional magistrate; deemed cancellation of birth certificate; mandamus; Article 226; representation dated 20.06.2024; Anna Nagar Chennai; writ disposed, no costs.

What did the court decide?

Writ petition disposed of on agreed terms: the petitioner is free to approach the appropriate authority in the State of Gujarat (Registering Authority or Jurisdictional Magistrate); the certificate issued by the first respondent shall not obstruct such an application and will stand deemed cancelled on grant of the fresh certificate; no costs. ¶32

Jackuline Vs Zonal Health Officer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

¶32

Issue for consideration

Whether the first respondent (Greater Chennai Corporation registering authority) can be directed to correct the place of birth in the birth certificate issued by it when the birth place is stated to be 'Vadodara, Gujarat State', or whether the entry/correction lies only before the appropriate authority in the State of Gujarat.

¶30

Court's answer

If the petitioner approaches the appropriate authority in the State of Gujarat, whether the Registering Authority or the Jurisdictional Magistrate, and files an appropriate application, the mere fact that the birth certificate was issued by the first respondent shall not come in the way, provided the petitioner otherwise satisfies that authority that the birth took place at Vadodara.

¶33

Ratio / Principle

As and when a corrected birth certificate is granted by the appropriate authority in Gujarat, the birth certificate issued by the first respondent will be deemed to be cancelled.

¶33

Detailed headnote1 paragraphs

Madras High Court (D. Bharatha Chakravarthy, J.) disposed of a writ petition under Article 226 of the Constitution of India seeking a mandamus to direct the Greater Chennai Corporation authorities to consider the petitioner's representation dated 20.06.2024 and correct the place of birth in her son's birth certificate from a Chennai address to 'Vadodara, Gujarat State'. The first respondent-Registering Authority submitted that the certificate merely reflected the portal entry made pursuant to the petitioner's own declaration before the Magistrate Court, and that if the birth place was Vadodara, the entry ought to have been made before the appropriate authority in Gujarat. Accepting this, the Court held that if the petitioner applies to the appropriate authority in Gujarat (Registering Authority or Jurisdictional Magistrate), the Chennai-issued certificate shall not come in the way, and on grant of a fresh certificate the existing birth certificate will be deemed cancelled. No costs.

¶1

W.P.No.19404 of 2024

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 04.02.2025

¶4

CORAM:

¶5

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

¶6

W.P.No.19404 of 2024

Jackuline

... Petitioner

Vs.

1.Zonal Health Officer Birth and Death Section Public Health Department Greater Chennai Corporation Office Ribbon Building Chennai, Tamil Nadu 600 003.

¶11

2.The District Collector The Collector Office No.62, Rajaji Salai, Fourth Floor Chennai Collectorate Chennai 600 001. ....Respondents

¶12

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to

¶13

issue a Writ of Mandamus, to direct the respondents to consider the petitioner representation dated 20.06.2024, to correct the error and insert the place of

¶14

1/5

¶15

https://www.mhc.tn.gov.in/judis

¶16

W.P.No.19404 of 2024

¶17

'Y' Block, 13

¶18

birth of the petitioner's son as 'Vadodara, Gujarat State' in the 'place of No.75,

¶19

'Y' Block, 13^th Main Road, Anna Nagar, Chennai 600 040' and issue the fresh

¶20

corrected birth certificate to the petitioner's son, within the stipulated time.

¶21

For Petitioner : Ms.Yukshita for Mr.G.M.Gokulram For Respondents : Ms.Vanitha Joice Rani for R1

¶22

Mr.V.P.R.Elamparithi for R2 Additional Government Pleader

¶23

ORDER

¶24

This Writ Petition is filed for a mandamus directing the respondents to consider the petitioner's representation dated 20.06.2024 and to correct the error and insert the place of birth of the petitioner's son as 'Vadodara, Gujarat State' in the place of No.75, 'Y' Block, 13^th Main Road, Anna Nagar, Chennai 600 040.

¶25

2. When the matter came up for hearing, the learned counsel

¶26

appearing on behalf of the first respondent-Registering Authority would submit that the certificate is issued only as per the entry made in the portal

¶27

2/5

¶28

https://www.mhc.tn.gov.in/judis

¶29

W.P.No.19404 of 2024

¶30

pursuant to the declaration that is made by the petitioner themselves before the concerned Magistrate Court. The same cannot be now altered by the first respondent. If the birth place is 'Vadodara, Gujarat State' then the entry of birth itself cannot be made by the first respondent. They should have made the entry only before the appropriate Authority in Gujarat State.

¶31

3. Considering the said submissions made by the learned counsel

¶32

for the first respondent, the Writ Petition is disposed of on the following terms;

¶33

(i) if the petitioner approaches the appropriate Authority in the State of Gujarat, be that the Registering Authority or the Jurisdictional Magistrate and files any appropriate application, the mere fact that the birth certificate is issued by the first respondent shall not come in the way, if the petitioner otherwise satisfies the appropriate authority that they are born only in 'Vadodara' and as and when such a certificate is granted, this birth certificate will be deemed to be cancelled.

¶34

(ii) No costs.

¶35

04.02.2025

¶36

Neutral Citation : No

¶37

3/5

¶38

https://www.mhc.tn.gov.in/judis

W.P.No.19404 of 2024

dna

1.The Zonal Health Officer Birth and Death Section Public Health Department Greater Chennai Corporation Office Ribbon Building Chennai, Tamil Nadu 600 003.

¶43