IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.11.2025 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.15582, 15584 and 14260 of 2024 Mubarak Alikhan ... Petitioner in both W.Ps.

Vs.

1 THE DIRECTOR DEPARTMENT OF PUBLIC HEALTH AND PREVENTIVE MEDICINE CUM CHIEF REGISTRAR OF BIRTHS AND DEATHS DMS COMPLEX, ANNA SALAI, CHENNAI – 600 006.

2 THE DISTRICT REVENUE OFFICER CUM REGISTRAR OF BIRTHS AND DEATHS DISTRICT COLLECTORATE CUDDALORE.

3 THE DEPUTY DIRECTOR OF HEALTH SERVICES/

DISTRICT JOINT REGISTRAR BIRTH AND DEATH O/o.THE DEPUTY DIRECTOR OF HEALTH SERVICES CUDDALORE.

4 THE DISTRICT HEALTH OFFICER CUDDALORE DISTRICT, CUDDALORE.

5 THE EXECUTIVE OFFICER TOWN PANCHAYAT, LALPETTAI, KATTUMANNARKOIL TALUK, CUDDALORE DISTRICT. ... Respondents in W.P.14354/2024

1 THE DIRECTOR DEPARTMENT OF PUBLIC HEALTH AND PREVENTIVE MEDICINE CUM CHIEF REGISTRAR OF BIRTHS AND DEATHS DMS COMPLEX, ANNA SALAI, CHENNAI – 600 006.

2 THE DEPUTY DIRECTOR OF HEALTH SERVICES O/o.THE DEPUTY DIRECTOR OF HEALTH SERVICES CUDDALORE.

3 THE DISTRICT REVENUE OFFICER CUM REGISTRAR OF BIRTHS AND DEATHS DISTRICT COLLECTORATE CUDDALORE.

4 THE EXECUTIVE OFFICER TOWN PANCHAYAT, LALPETTAI, KATTUMANNARKOIL TALUK, CUDDALORE DISTRICT. ... Respondents in W.P.13102/2024 Prayer in W.P.No.14354 of 2024:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records pertaining to the impugned order dated 15.05.2024 issued by the fourth respondent in Na.Ka.No.5803/A3/2022 and quash the same.

Prayer in W.P.No.13102 of 2024:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents 1 and 2 from passing any orders based on the enquiry conducted by the second respondent on 25.04.2024, till the disposal of the Review Application No.57 of 2024 pending on the file of this Hon’ble Court.

For Petitioner : Mr.G.Pugazhenthi in both W.Ps.

For Respondents : Mr.E.Sundaram for R1 to R4 Government Advocate in both W.Ps.

Mr.Abishek Murthy for R5 in W.P.No.14354 of 2024

C O M M O N O R D E R

W.P.No.14354 of 2024 has been filed seeking issuance of Writ of Certiorari calling for the records pertaining to the impugned order dated 15.05.2024 issued by the fourth respondent in Na.Ka.No.5803/A3/2022 and quash the same.

2.W.P.No.13102 of 2024 has been filed seeking issuance of Writ of Mandamus forbearing the respondents 1 and 2 from passing any orders based on the enquiry conducted by the second respondent on 25.04.2024, till the disposal of the Review Application No.57 of

2024 pending on the file of this Court.

3.The learned counsel appearing for the petitioner submitted that the petitioner’s daughter namely, Afreen John was born at Shifa Nursing Home, Lalpettai on 10.12.2004 and her birth was registered with the authorities based on the Hospital’s birth record. During the year 2018, two persons namely, Jakir and Mohammed Mansoor sent petitions alleging that the petitioner had kidnapped a child and questioned the genuineness of Afreen’s birth registration and from 2018 to 2020 several inquiries were conducted by various Government bodies like the District Collector, Child Welfare Department and Town Panchayat and thereafter it was reported that Afreen’s birth was genuine, however, the Deputy Director of Health Services passed an order dated 08.05.2023 cancelling the registration of Afreen’s birth and challenging the same, the petitioner filed W.P.No.15834 of 2023 and this Court vide order dated 24.08.2023, remanded the matter back to the Deputy Director of Health Services, pursuant to which, the order impugned in W.P.No.14354 of 2024 was passed.

4.The learned counsel appearing for the petitioner further submitted that after disposal of W.P.No.15834 of 2023, the petitioner realized that based on the enquiries conducted during the year 2020, the Deputy Director of Health Services passed an order dated 13.08.2020 stating that the birth record of the petitioner’s daughter is true, however, the petitioner did