Allaudeen .P v. The Director of Public Health and Preventive Medicine

ORDER The petitioner has adopted one Mohammed Fathima, who was born to one Jaffar Ali and Bousiyal Begam. Thereafter, he submitted a representation dated 08.02.2021 to the 2nd respondent requesting him to issue a Birth Certificate to his adopted daughter by mentioning his name and his wife name as original parents. However, the 2nd respondent, on 19.01.2022, issued a Birth Certificate of his adopted daughter by mentioning the biological parents' names as her father and mother. Hence, the petitioner is before this Court.

¶2Mr.P.T.Thiraviam, learned Government Advocate, who takes notice for the respondents 1 and 2, on instructions received from the second respondent, submits that the petitioner has submitted the representation without enclosing any valid adoption document. If the petitioner produces any valid adoption document, it would be considered and necessary orders would be passed within a reasonable time.

¶3Considering the said submission, this writ petition is disposed of with a direction to the petitioner to appear before the Social Welfare Officer, Tirunelveli Corporation and file a fresh representation along with a valid adoption document, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the second respondent shall consider the same and pass suitable orders, within a period of eight weeks from thereon. No costs.

04.08.2023 ogy NCC : Yes / No. Index : Yes / No. Internet : Yes / No.

B.PUGALENDHI, J. ogy To

¶1The Director of Public Health and Preventive Medicine and Tamil Nadu Chief Registrar of Birth & Death, Department of Public Health, No.359, DMS Campus, Chennai – 600 006.

¶2The Commissioner, Tirunelveli Municipal Corporation, Tirunelveli.

¶3The Registrar of Births and Deaths, Tirunelveli Ward – Unit 3 & 4, Tirunelveli Municipal Corporation, Tirunelveli.

04.08.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2023 CORAM: THE HONOURABLE MR.JUSTICE B.PUGALENDHI P.Allaudeen ... Petitioner versus 1. The Director of Public Health and Preventive Medicine and Tamil Nadu Chief Registrar of Birth & Death, Department of Public Health, No.359, DMS Campus, Chennai – 600 006. 2. The Commissioner, Tirunelveli Municipal Corporation, Tirunelveli. 3. The Registrar of Births and Deaths, Tirunelveli Ward – Unit 3 & 4, Tirunelveli Municipal Corporation, Tirunelveli. ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 2nd respondent to incorporate the petitioner's name P.Allaudeen and his wife name Mrs.Rahmath Begam in the birth register bearing Registration Number B-2022-33-11828-000003 dated 19.01.2022 issued to the petitioner's adoptive child in the place of original parent within the time limit as stipulated by this Court. For Petitioner : Mr.A.Karthik For R1 and R2 : Mr.P.T.Thiraviam, Government Advocate