IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 11784 of 2009 Between: Smt.Jonnalagadda VIjaya Lakshmi D/o.Late J.V.Krishna Rao R/o.1235, BHEL MIG Phase-II R.C.Puram, Hyderabad ..... PETITIONER AND 1 The State of AP., rep.by the Chief Registrar (Birth and Deaths), Dept of Medical and Health (vital statistics) Hyderabad 2 The Registrar, (Birth and Deaths), Township Administration BHEL., Ramachandrapuram, Hyderabad. .....RESPONDENTS 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 proceedings in Ref.HY/TA/EO/2008 dated 18.5.2009 as illegal, arbitrary, and consequently set aside the same nd direct the 2nd respondent herein to add the name of the petitioner as Smt.JONNALAGADDA VIJAYA LAKSHMI in the Birth Register and issue Birth Certificate in the name of the petitioner and pass Counsel for the Petitioner : MR A.S.SREEKANTH BABU Counsel for the Respondents : GP FOR MEDICAL HEALTH & FAMI.WELFARE The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.11784 OF 2009 ORDER : This writ petition is field seeking to declare the proceedings of the 2nd respondent – Registrar (Births and Deaths), BHEL Township Administration, Ramachandrapuram, dated 18.05.2009 whereunder the petitioner’s request for registration and issuance of birth certificate was rejected as arbitrary and illegal. It is stated that the petitioner was born on 19.01.1972 at BHEL General Hospital at Ramachandrapuram and the same was registered in the records of the 2nd respondent. However, the name could not be incorporated since by that time the petitioner was not named as per the customs and practices of the petitioner’s family. Subsequently, the petitioner made a representation dated 18.05.2009 for registration of her name and issue a birth certificate since the same is required to enable her to get a Green card for her stay at Newyork along with her husband. The said request was rejected under the impugned proceedings dated 18.05.2009 stating that such a course is not permissible under Section 14 of the Registration of Births and Deaths Act, 1969 and since the registration was made in the records without the name of the child the birth certificate cannot be issued on the basis of her application made beyond 15 years. The said action of the 2nd respondent is under challenge in this writ petition. When the matter is taken up for consideration, it is brought to my notice by the learned counsel for the petitioner that in identical circumstances this Court having considered the scope and object of various provisions of the Registration of Births and Deaths Act, 1969 including Section 14 held that there is no prohibition for entering the name of the person after due verification even at a subsequent stage if the identity of the person is not in dispute. The learned Government Pleader, who accepted notice for the respondents, did not dispute the fact that the petitioner herein is also similarly situated. In the circumstances, following the order in W.P.No.12972 of 2007, dated 21.06.2007, the impugned order is hereby set aside and the writ petition is disposed of with a direction to the 2nd respondent to reconsider the petitioner’s application and enter her name in the Birth Certificate after satisfying himself that the certificate relates to the petitioner. It is made clear that it is also open to the 2nd respondent to receive any further or additional information from the petitioner for establishing her identify. Such exercise shall be completed as expeditiously as possible preferably within a period of four weeks from the date of receipt of application of the petitioner. No costs. ______________ G. ROHINI, J. Dt. 19.06.2009 gbs