Somarajan N vs Secretary Kollam Corporation And Ors

The petitioner's son required a birth certificate to be produced before the Indian Embassy in USA, for obtaining a green card. He filed an

application before the second respondent on 15.10.2020, seeking issuance of birth certificate. It is stated that the second respondent returned the

application of the petitioner stating that the birth of the petitioner's son was not registered at the Kollam Corporation. The grievance of the petitioner is

that, the second respondent ought to have issued a non availability certificate, if they were satisfied that the records did not disclose the date of birth of

the son of the petitioner.

Heard the learned senior Government Pleader for respondents 1 to 3 and also Sri.A.N.Rajan Babu appearing for the fourth respondent.

It seems that the stand taken by the second respondent is that, the date of birth has not been entered in the register maintained by the statutory

authority. If that be so, they ought to have issued a non availability certificate.

Having considered this, I am inclined to dispose of the Writ Petition itself, with a direction that the second respondent shall take on record the

application submitted by the petitioner, seeking issuance of the birth certificate of his son and after perusing the records and confirming that the date of

birth is not recorded, non availability certificate shall be issued to the petitioner as expeditiously as possible, at any rate, within a period of three weeks

from the date of receipt of a copy of this judgment.

Writ Petition is disposed of.