M. Chandra vs The Commissioner Corporation of Madurai/Registrar of Births and Deaths

K. Chandru, J.—The writ petitioner seeks for an Non Availability Certificate regarding the entry of the birth of her son M. Aravind, who is stated to have been born on 08.06.1980 at Madurai and who is now 28 years old.

It is stated that the delivery took place in the house with a traditional nurse. After the delivery, no intimation was given to the Corporation for entering the said date of birth in the records. Now, he has completed his studies and wants to go abroad. She wanted a proof of his date of birth as per the provisions of the Registration of Births and Deaths Act, 1969.

The procedure for recording an entry into the register has been prescribed under the Act. The pre-requisite for approaching a Judicial Magistrate was to produce a Non Availability Certificate from the Registrar of Births and Deaths, who is the Commissioner of the respondent Corporation. Though the petitioner has submitted all the necessary details, unnecessarily the matter was dragged on, without any justification. Therefore, the present writ petition has been filed.

Notice was directed to be served privately on the counsel for the respondent Corporation. Pursuant to the notice, Mr. M. Suresh Kumar, learned Counsel appears for the respondent Corporation. His contention is that the petitioner has not provided all the information sought for. Because of that, there was a delay in granting the certificate.

Section 17 of the Act read with Rule 13 provides grant of such certificate in Form X. There is no necessity for the Corporation to drag their feet in considering the request of the petitioner. It is also asserted by the learned Counsel for the petitioner that all necessary details have been given.

Under the said circumstances, this writ petition is disposed of with a direction to the respondent Corporation to provide a Non Availability Certificate to the petitioner regarding the entry relating to the birth of M. Aravind within a period of one week from the date of receipt of the order. No costs. Consequently, connected Miscellaneous Petition is closed.