IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 8126 of 2008 Between: P.Jithender Reddy S/o. P.Malla Reddy R/o. H.No. 4138, BHEL, RC Puram, Hyd. ..... PETITIONER AND 1 The State of A.P., Rep. by its the Chief Registrar ( Birth & Death ), Department of Medical and Health, ( Vital Satistics ), Hyderabad. 2 The Registrar ( Births & Deaths ) - cum - Estate Officer Towenship Administration, BHEL., RC Puram, Hyd. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the interpretation of the 2nd Respondent in his proceedings in Ref.No. HY/TA/EO/2007, dated 07.03.2008 as illegal, arbitrary and consequently set aside the same and direction the 2nd Respondent herein to add the name of the Petitioner's daughter as Patlolla Haritha in the Birth Register and issue Birth Certificate in the name of Petitioner's son and pass such other Counsel for the Petitioner:MRA.S.SREEKANTH BABU Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 8126 OF 2008 ORDER: 1. Action of the Registrar (Births and Deaths) Township Administration, RHEL, RC Puram-2nd Respondent in not incorporating the name of the daughter of the petitioner in the Birth Register is assailed in this writ petition. 2. The petitioner is working as Senior Store Keeper in BHEL. His wife gave birth to a female child on 21-7-1987 at BHEL General Hospital, Ramachandrapuram. As on the date of registration of birth, the name of his daughter was not Christened. He named his daughter as Patlolla Haritha. His daughter studied Ist to Xth Class in Jyothi Vidyalaya High School, BHEL, Ramachandrapuram, Hyderabad and Intermediate at Narayana Junior Colege, Kukatpally, Hyderabad. Presently she is pursuing her Engineering Course in GRIET, Bachupalli, Hyderabad. The petitioner approached the Registrar of Births and Deaths-cum-Estate Officer, Township Administration, BHEL, RamachandraPuram, Hyderabad-2nd Respondent for issuance of birth certificate of his daughter Patolla Haritha. The second respondent rejected the request for issuance of the birth certificate of his daughter on the ground that he has not registered the name of his daughter within 15 years from her date of birth. Assailing the action of the 2nd Respondent, the petitioner has filed the writ petition. 3. Heard learned counsel appearing for the petitioner and learned Government Pleader appearing for Respondents. 4. Learned counsel for the petitioner submits that there is nothing in the Act which preclude and prohibit to enter the name of the persons in the birth and death register even at the subsequent stage. He placed reliance on the judgments of this Court in W.P.No. 13684 of 2007, dated 29-6-2007 ( K.V. Chalapathi Vs. The State of A.P. rep. By the Chief Registrar, (Births and Deaths), Department of Medical and Health ( vital statistics) Hyderabad), in W.P.No.4293 of 2008, dated 28-3- 2008 (B.K.Nagamalleswara Rao Vs. the State of A.P. and another), in W.P.No. 137114 of 2007, dated 29-6-2007 (D. Appa Rao Vs. the State of A.P. ) in W.P.No. 12972 of 2007 dated 21-6-2007 ( N. Gurava Rao Vs. State of A.P. and another) in support of his contention. 5. Learned Government Pleader for Medical and Health submits that the petitioner has not established the identity of the person and in the absence of the same, the second respondent cannot be compelled to enter the name of Patolla Haritha the birth certificate. 6. The Registration of Births and Deaths Act, 1969 provides for issuance of birth certificate. The certificate in Form No. V provides for entering the name of the person, whose date of birth is certified. It is common practice, particularly, in Indian families that the children are named after performing a ceremony. If the birth certificate is issued before such ceremony, there does not exist an occasion for entering the name. From the Acts and the Rules made there under, it is clear that the there is no prohibition for entering the name of the person, may be after due verification. Having regard to the provisions of the Act and the judgments of this Court in above referred writ petitions, the second respondent ought to have considered the application of the petitioner and entered the name of petitioner’s daughter, after satisfying as to the identity. 7. Hence, the writ petition is disposed of directing the second respondent to consider the application of the petitioner and enter the name of his daughter in the birth certificate, after satisfying himself that the certificate relates to the person whose name is sought to be entered. For this purpose, the candidate, whose date of birth is entered, shall appear before the second respondent, file an application and prove her identity. It shall be open to the second respondent to receive any further or additional information or material. This action shall be completed within a period of four weeks from the date of making the fresh application, as indicated above. There shall be no order as to costs. _____________________________ Justice B.Seshasayana Reddy 12th June, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 8126 OF 2008 12th June, 2008.