IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28043 of 2008 Between: Syed Shakeera Banu @ Jubeda W/o.Late Syed Jilani Resident of Jaggaiahpet village and mandal Krishna District ..... PETITIONER AND Jaggaiahpet Municipality, rep.by its Municipal Commissioner cum Registrar of Birth and Deaths, Jaggaiahpet, Krishna District .....RESPONDENT 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 action of respondent in issuing proceedings ROc.No.2997/VS/JPT dated 11.12.2008 by rejecting the representation for registering the name of the petitoner son as Syed Gouse Basha in the birth reigster maintained by the respondent and issuing birth Certificate as the same is arbitrary,. illegal, and consequently set aside the impugned proceedings by directing the respondent to enter the petitioner son name as Syed Gouse Basha in the birth register and issue date of birth certificate and to pass Counsel for the Petitioner:MR.P.PRABHAKAR RAO Counsel for the Respondent No.: MR.S.NAGESWARA REDDY The Court made the following : ORDER According to the petitioner, she has two sons and one daughter and the name of her younger son is Syed Gousha Basha, who was born on 15.10.1990 in St.Annans Maternity Hospital, Jaggaiahpet. At the time of birth, on the basis of information furnished by the said hospital, the concerned Registrar recorded the said birth and issued a Birth Certificate to the petitioner stating that a male child was born on 15.10.1990. Thereafter, as the date of birth with name is required, she gave an application to the respondent-Municipality requesting it to give Date of Birth Certificate to her son Syed Gousha Basha as 15.10.90. However, the same was rejected. Hence, the petitioner approached this Court and filed the present writ petition. Heard the learned counsel for the petitioner and Sri S.Nageswara Reddy, learned Standing Counsel for Jaggaiahpet Municipality. When a child is born and an application for registration of birth is given, the respondent-Municipality cannot expect that the child is named at the time of birth to see that the said name is entered in the Register of Births. It is only after some time, the child will be named and thereafter, the name would be shown in the relevant records. It is surprising to note that the respondent- Municipality rejected the said application for extraneous reasons. Hence, this Court is of the view that the respondent- Municipality ought to have issued a Date of Birth Certificate as required by the petitioner. Accordingly, the writ petition is allowed and the respondent-Municipality is hereby directed to issue Date of Birth Certificate to the petitioner as required. No costs. __________ 24-12-2008 Note: Issue CC by one week. (B.O) rkk