1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2011 CORAM: THE HON'BLE MR.JUSTICE K.K.SASIDHARAN W.P(MD)No.444 of 2011 S.Kala .. Petitioner Vs. The Tahsildar, Taluk Office, Ramanathapuram .. Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondent to issue birth certificate to the petitioner's son by the way of passing orders in the petitioner's application dated 09.02.2010. For Petitioner : Mr.G.Kasinatha Durai For Respondents : Mr.S.C.Herold Singh Govt.Advocate ORDER The petitioner seeks a Writ of Mandamus directing the respondent to consider and pass orders on her representation dated 09.02.2010. 2.According to the petitioner, her son was born on 30.08.1989 and his birth was duly registered before the Village Administrative Officer, (*) Sakkarakkottai. Since the petitioner wanted a copy of the birth certificate, she made an application before the respondent. However, certificate was not issued, which made the petitioner to submit a representation on 09.02.2010 Since the representation was not considered, the petitioner was constrained to file the writ petition. 3.I have heard the learned counsel for the parties. 4.The learned Government Advocate on instructions would submit that the name of the petitioner was not found registered before the respondent and that was the reason for not granting the certificate. 5.In case the birth has already been registered the authority has to issue a certificate on payment of necessary charges. It is the case of the respondent that no such birth was registered so as to issue a certificate However, the respondent was not expected to keep the application pending Therefore, I am of the view that interest of justice would be sub served in case a direction is issued to the respondent to consider and pass orders on the representation of the petitioner dated 09.02.2010. 6.Accordingly, the respondent is directed to verify as to whether the birth of the petitioner's son stated to have been born on 30.08.1989 has been registered and in the event of convincing that there was such registration, he is directed to issue the certificate. In case, the respondent after necessary verification is of the opinion that no such https://hcservices.ecourts.gov.in/hcservices/ 2 registration was made, he has to issue non-registration certificate to the petitioner within a period of two weeks from the date of receipt of a copy of this order. 7.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(P&A) (*) Amended as per order of this Court dated 21.04.2011 and made in WP.444/2011 /TRUE COPY/ Sub Assistant Registrar To To be substituted for the orders already despatched on 24.2.2011:- The Tahsildar, Taluk Office, Ramanathapuram + 1 cc to MR.G.Kasinatha Durai, Advocate SR.No.2762 + 1 cc to The Special Govt.Pleader SR.No.14823 W.P(MD)No.444 of 2011 24.01.2011 MPK PA/23.02.2011/2P/4C RJ/26.4.11 (IT) 2p/4c https://hcservices.ecourts.gov.in/hcservices/