IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 13083 of 2008 Between: Alluri Surya Nagarayana Raju S/o.Satyanarayana Raju R/o.Flat No.2, Ajanta Apartments MIG-50,Law Sons Bay colony, Visakhapatnam ..... PETITIONER AND 1 The State of AP., rep.by the Chief Registrar (Birth and Deaths), Department of Medical and Health(Vital Statistics), Hyderabad 2 The Registrar (Birth and Deaths), (Narspaur Municiapl Commissioner), Narsapur, West Godavari District .....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 issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action and interpretation of the 2nd respondent in his endorsement dated 27.1.2008 as illegal, arbitrary, and consequently set aside the same and direct the 2nd respondent herein to enter the name of the petitioner daughter as Alluri Radha in the birth Registration and issue Birth Certificates in the name of the petitioner daughter in the interest of justice and pass Counsel for the Petitioner:MR.RAMA MOHAN PALANKI 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. 13083 OF 2008 ORDER: 1. This writ petition has been filed by Alluri Surya Narayana Raju assailing the action of the Respondents in not incorporating the name of his daughter Alluri Radha in the birth certificate. 2. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the respondents. 3. The petitioner has a daughter by name Alluri Radha. She was born on 9-6-1972 in the Hospital and Birth Certificate was issued by the hospital authority without mentioning her name as she was not named at that time. She pursued her education and applied for VISA for further studies. Since her Birth Certificate does not contain her name, the petitioner who is her father made application for incorporation of her name in the Birth Certificate. The application made by the petitioner came to be rejected on the ground that the request for incorporating the name of the child has been made after 15 years. The said action is assailed in this writ petition. 4. The issue involved in this writ petition is squarely covered by the judgment of this Court in W.P.No. 25769 of 2007 ( G.M. Khaja Farooqui Vs. The State of Andhra Pradesh, rep. By the Chief Registrar ( Births and Deaths) Department of Medical and Health (Vital Statics) Hyderabad and another). The Gujarat High Court in Dipika Arvindkur Pancholi Vs. State of Gujrath[1] while considering the similar issue has observed as follows:- “Having regard to the provisions of the Act and the Judgment of the Gujrat High Court, this Court finds that the second respondent ought to have considered the application of the petitioner and entered the name of his son in the certificate, after satisfying himself as to the identity. Hence, the Writ Petition is disposed of , directing the 2nd Respondent to consider the application fo the petitioner and enter the name of his son 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 proved his identify. 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 receipt of making the fresh application, as indicated above. There shall be order as to costs”. 5. The view taken by the Gujarat High Court has been followed by this Court in W.P.No. 13107 of 2007 dated 16-7-2007 filed by Syed Ismail. 6. In the light of same, this Writ petition is disposed of directing the respondents to consider inclusion of the name of the petitioner’s daughter namely Alluri Radha in the birth certificate after satisfying that the certificate relates to the person, whose name is sought to be included. 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 evidence or additional information or material. This exercise shall be completed, within a period of six weeks from the date of receipt of making the fresh application as indicated above. There shall be no order as to costs. _____________________________ Justice B.Seshasayana Reddy 24th June, 2008 Note: C.C. in two days B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 13083 OF 2008 24th June, 2008. [1] AIR 2003 Gujarat 102