E.Dhanabal Vs the Chief Registrar

3.The Additional District Registrar of Births and Deaths Revenue Divisional Officer, Salem 4.The Joint District Registrar Of Births and Deaths The Tashildar, Salem South Taluk Office, Salem 5.The Registrar of Births and Deaths Village Administrative Officer, S.Paparapatti, Salem.

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Respondent(s)

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PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 2 to 5 to include petitioner's daughter name M.D.Padmapriya in the Birth Register issued by the 5th respondent in Registration No.316 dated 30.06.2004 and issue the copy of birth certificate by considering the petitioner representation dated 16.07.2021, 01.04.2025, 16.06.2025 within the period that may be stipulated by this Court.

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For Petitioner(s): Mr.S.Varanesh

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For Respondent(s): Mr.T.M.Rajangam Government Advocate

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ORDER

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This writ petition has been filed for issue of writ of mandamus directing

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the respondents 2 to 5 to include the name of the petitioner's daughter in the

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Birth Certificate and issue the same to the petitioner, within the time frame

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fixed by this Court.

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2.Heard Mr.S.Varnesh, learned counsel appearing on behalf of the

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petitioner and Mr.T.M.Rajangam, learned Government Advocate appearing on

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behalf of the respondents.

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3.The case of the petitioner is that he was married one Indrani and

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through the wedlock, a child was born on 25.06.2004. At the time of registration

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of the birth of the petitioner's daughter before the 5th respondent, a Birth Certificate was issued on 30.06.2004, without including the name of the petitioner's daughter. The name of the petitioner's daughter has been mentioned

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in all the other school records. The petitioner also misplaced the original Birth Certificate.

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4.In view of the above, the petitioner submitted representations to the

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respondents 2 to 5 from the year 2019 onwards for including the name of the petitioner's daughter in the Birth Register and to issue a Birth Certificate. Since

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no effective steps were taken, the present writ petition has been filed before this

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Court.

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5.Section 14 of the Registration of Births and Deaths Act, 1969,

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stipulates that where the name of the child has not been mentioned and the birth

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has been registered, the parent shall within the time prescribed give information

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regarding the name of the child to the Registrar and thereupon, the Registrar should enter name of the child in the register. The time is prescribed under Rule

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10 which stipulates twelve months period from the date of registration of birth of the child.

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6.The learned Government Advocate produced the written instructions

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received from the Tahsildar, Salem South. On going through the same, it is seen

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that since there is a delay in submitting the application, it is only the Revenue

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Divisional Officer who is vested with the power to pass orders and thereafter, entries will be made in the birth register and the Birth Certificate will be issued

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to the petitioner by including the name of the petitioner's daughter.

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7.In view of the above, there shall be a direction to the petitioner to

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submit an online application to the Revenue Divisional Officer, Salem. On

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receipt of the same, appropriate orders shall be passed, within a period of four

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weeks from the date of receipt of online application from the petitioner.

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Thereafter, necessary entry shall be made in the Birth Register and the Birth

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Certificate shall be issued after incorporating the name of the petitioner's daughter.

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8.This writ petition is disposed of with the above directions. No Costs.

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24-07-2025

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ssr

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To

The Chief Registrar of Births and Deaths, Chennai.

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2.The District Registrar of Births and Deaths, District Revenue Divisional Officer, Salem.

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3.The Additional District Registrar of Births and Deaths Revenue Divisional Officer, Salem

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4.The Joint District Registrar Of Births and Deaths The Tashildar, Salem South Taluk Office, Salem 5.The Registrar of Births and Deaths Village Administrative Officer, S.Paparapatti, Salem.

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N.ANAND VENKATESH J.

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ssr

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