IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. Bharatha Chakravarthy, J
Sengolraj – Appellant
Versus
Chief Registrar of Birth and Deaths – Respondent
W.M.P(MD)No.9105 of 2026
| Table of Content |
|---|
| 1. petitioner's pre-1969 birth registration rejected improperly. (Para 1 , 2 , 3) |
| 2. precedent affirms authority for pre-act birth registrations. (Para 4) |
| 3. order quashed, remanded for fresh consideration. (Para 5) |
ORDER
The writ petition is filed challenging the impugned order dated
30.01.2026.
2.By the said order, the request made by the petitioner to register his birth was rejected.
3.The petitioner was born on 13.11.1964 and it is stated that his birth was not registered at that time. When the petitioner has now made an application before the third respondent, who is the competent authority, the same was rejected on the ground that the Registration of Births and Deaths Act came into force only in the year 1969. Therefore, such rejection cannot be sustained.
4.The issue is no longer res integra and is covered by the judgment of this Court made in Selvaganesan Vs. the Revenue Divisional Officer and others [W.P(MD)No.27684 of 2025, dated 08.10.2025] wherein it has already been held that even with reference to persons born prior to the coming into force of the Act, the third respondent would be the competent authority.
5.In view thereof, the submissions made by the learned Additional Government Pleader appearing on behalf of the respondents cannot be accepted and the Writ Petition is allowed on the following terms:
i. The impugned order dated 30.01.2026 shall stand set aside and the matter shall stand remanded back to the file of the third respondent.
ii. The third respondent shall consider the application on its own merits, along with the the proof and documents submitted by the petitioner, in the manner known to law and pass fresh orders as expeditiously as possible, in any event, not later than three months from the date of receipt of the web copy of this order.
No costs. Consequently, connected Miscellaneous Petition is closed.
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