Authorities under the Registration of Births and Deaths Act, 1969 can issue birth certificates if adequate proof is provided, even for dates predating the Act's enforcement.

O R D E R

The writ petition is filed challenging the impugned order dated

31.05.2023.

2. Upon considering the arguments made by the learned counsel for the petitioner and perusing the material records of the case, an application for issuance of Birth Certificate of the petitioner was made to the respondents, since the date of birth as claimed was 15.06.1966. The same is now rejected by the respondents on the ground that the same is prior to the coming into force of the Registration of Births and Deaths Act, 1969.

3. The matter is no longer res integra and is covered by the judgment of this Court in W.P.(MD) No.15053 of 2024 dated 08.07.2024 in the case of Pandiammal vs. The Revenue Divisional Officer, Sivagangai, wherein it has been held that since the present respondents are only the authority under the Act, which continues the earlier repealed legislation, they will have the jurisdiction to issue birth certificate. However, it will be subject to the petitioner providing proof, such as horoscope, affidavits of relatives and other friends, who have personal knowledge, etc., based on which the exercise will be undertaken.

4. In view thereof, this writ petition is allowed on the following terms:

(a) The impugned order, dated 31.05.2023 shall stand set aside and the matter is remanded back to the file of the first respondent for fresh consideration as per the observations made in Pandiammal’s case (cited supra).

(b)The fresh exercise shall be completed within a period of four (4)

months from the date of receipt of the web copy of the order without waiting for the certified copy of the order.

(c)No costs.