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2017 Supreme(Mad) 705

S.NAGAMUTHU, P.N.PRAKASH
P. Duraisamy – Appellant
Versus
State represented by the Secretary to Government Department of Home (Prison) – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ilayaraja Kandasamy, Mr. M. Ravi for Mr. R.M. Arun Swaminathan, Mr. Dilip Kumar.
For the Respondents:Mr. R. Rajarathinam Public Prosecutor, Ms. P. Shanthi, Mr. R. Muthukumarasamy Advocate General assisted by Mr. A.N. Thambidurai Special Govt. Pleader, Mr. C.T. Mohan, Mr. M.R. Thangavelu A.P.P. (Pondy), Mr. A.N. Thambidurai, Special Govt. Pleader (W), Mr. R. Mohandoss.

ORDER :

P.N. PRAKASH, J.

"xxx"

[Thirukkural-Couplet 339]

Which means

"Death is sinking into slumbers deep;

Birth again is waking out of sleep."

[Translation by Rev.G.U.Pope]

2. Time is a vital dimension that stands between birth and death, but, in the meantime, how the two events, viz., birth and death, proprio vigore, have provided fodder for burgeoning litigations in the State, is the subject matter of the cases at hand.

H.C.P.No.3043 of 2014:

3. One D. Anbu S/o. Ponnusamy is a life convict lodged in Central Prison, Cuddalore, who was convicted by the Additional Sessions Judge, Fast Track Court-II, Tindivanam, by judgement dated 24.07.2006. During trial, it was never claimed that Anbu was a juvenile in terms of the Juvenile Justice [Care and Protection] Act, 2000. Subsequently, on an application made to a Judicial Magistrate under Section 13(3) of The Registration of Births and Deaths Act, claiming that his birth was not registered, the learned Magistrate ordered to register his date of birth as “19.12.1988”. Based on the same, a birth certificate was obtained on 24.09.2014 and placing


































































































































































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