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2026 Supreme(Online)(Mad) 40202

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.Bharatha Chakravarthy, J
S.Joshua Salem – Appellant
Versus
The Revenue Divisional Officer, Padmanabhapuram Municipality – Respondent



Advocates:
For the Appellants/Petitioners: Mr.Charles Kamalesh M.Appaji
For the Respondents: Mr.M.Lingadurai Special Government Pleader

Citizens may seek delayed registration of birth via prescribed application when original records are unavailable.

Headnote:Statute Analysis: Petitioner invoked Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus as per G.O.Ms.No.324, Revenue and Disaster Management Department, dated 28.06.2023 for enquiry into missing birth certificate. Facts of the Case: Petitioner claims birth on 24.10.1989 with Registration No. 968/1989 but municipality denies it and alleges fabrication.

Findings of Court:
Record of Registration No. 968/1989 exists but relates to another individual; no record pertains to petitioner.

Issues: Whether petitioner's birth registration exists and if so, whether municipality is liable to issue certificate.

Ratio Decidendi: While roving enquiry may be pursued through criminal complaint, petitioner should seek delayed registration in prescribed manner.

Result: Writ petition disposed of with liberty to petitioner to file application before first respondent for delayed registration.

Table of Content
1. birth registration details disputed by municipality (Para 1 , 3 , 4)
2. authority denies existence of petitioner's registration (Para 5 , 6)
3. petitioner may apply for delayed registration procedure (Para 7 , 8)
4. court disposes with liberty to file application (Para 9)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 15.04.2026 CORAM THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY S.Joshua Salem ... Petitioner Vs.

1. The Revenue Divisional Officer, Padmanabhapuram Municipality, Thuckalay, Kanyakumari District - 629175.

2. The Commissioner, Padmanabhapuram Municipality, Thuckalay, Kanyakumari District.

3. The Registrar of Birth and Death, Padmanabhapuram Municipality, Thuckalay, Kanyakumari District. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st Respondent to conduct an enquiry about the missing of the petitioners birth certificate on the file of the 3rd Respondent, as per G.O Ms No. 324, Revenue and Disaster Management Department, Revenue Administration Wing, RA-3 (2) Section, dated 28.06.2023 and to issue birth certificate to the effect that the petitioner was born on 24.10.1989 to his parents, Mr. R. Solomon Swami Doss and Mrs. Thanga Leela Bai at George Hospital, Mettukadai, Thuckalay, Kanyakumari District and thus render justice.

For Petitioner :Mr.Charles Kamalesh M.Appaji For R1 :Mr.M.Lingadurai Special Government Pleader ORDER 'The writ petition is filed for a direction to the 1st responder to conduct an enquiry about the missing of the petitioners birth certificate on the file of the 3rd respondent, as per G.O.Ms.No.324, Revenue and Disaster Management Department, Revenue Administration Wing, RA-3 (2) Section, dated 28.06.2023 and to issue birth certificate to the effect that the petitioner was born to Mr.R.Solomon Swami Doss and Mrs.Thanga Leela Bai on 24.10.1989.

2. Heard Mr.Charles Kamalesh M.Appaji, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who takes notice on behalf of the 1st respondent.

3. Upon hearing the learned counsel appearing for the petitioner and perusing the material records of the case, it is seen that the petitioner was born to Mr. R. Solomon Swami Doss and Mrs. Thanga Leela Bai on

24.10.1989.

4. It is stated that a birth extract was also issued to the petitioner bearing Registration No. 968/1989 by the Padmanabhapuram Municipality. However, when the petitioner recently applied, a reply was given stating that the petitioner’s birth had not been registered at all. It is therefore the case of the petitioner that the municipality has lost the records, and hence the present writ petition.

5. When the matter came up for hearing today, the learned counsel appearing on behalf of the municipality submitted that, upon verification of the records, Registration No. 968/1989 does not pertain to the petitioner but relates to an entirely different individual. It is further submitted that no records relating to the registration of the petitioner’s birth are available with the municipality. The certificate now produced along with the writ petition (at page 28 of the typed set of papers)

appears to be incorrect and fabricated.

6. I have considered the rival submissions made on either side and perused the material records of the case.

7. If the petitioner seeks a roving enquiry, it is open to him to lodge a complaint with reference to the certificate produced by him bearing Registration No. 968/1989.

8. Be that as it may, the grievance of the petitioner is that he requires a birth certificate. In view of the stand taken by the second respondent municipality that no birth registration exists, it is open to the petitioner to approach the first respondent in the manner known to law by filing an application in the prescribed form. Upon such application, it is for the first respondent to consider the same on merits and in accordance with law a

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