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2026 Supreme(Online)(Mad) 46998

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hemant Chandangoudar, J
Aswini – Appellant
Versus
Commissioner, Nagercoil Municipality – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: G.V. Vairam Santhosh
For the Respondents: F. Deepak

A Writ of Mandamus may be directed toward administrative authorities to ensure the timely consideration and disposal of legitimate public representations in accordance with the law.

Headnote:Statute Analysis: The case involves the issuance of a Writ of Mandamus under Article 226 of the Constitution of India regarding the registration of birth records. Facts of the Case: The petitioner sought the issuance of a birth certificate based on a Non-Availability Certificate (Form-10) after failing to register their birth. Despite submitting a formal representation to the respondent, no decision was communicated.

Findings of Court:
The court observed that the respondent agreed to consider the representation on its own merits and directed the authority to process the application within a specified timeframe.

Issues: The court addressed whether the respondent should be mandated to process a pending representation for the registration of a birth event.

Ratio Decidendi: Reasoning that the administrative authority must consider and dispose of representations in accordance with law, the court held that issuing a direction for a time-bound decision is appropriate without expressing an opinion on the underlying merits of the claim.

Result: The writ petition is disposed of with a direction to the respondent to process the representation within six weeks.

Table of Content
1. overview of the writ petition regarding birth certificate issuance. (Para 1 , 2 , 3)
2. court's issuance of a mandamus to decide pending administrative representations. (Para 4 , 5 , 6 , 7)

O R D E R

Heard Mr. G.V. Vairam Santhosh, learned counsel for the petitioner, and Mr. F. Deepak, learned counsel, who accepts notice on behalf of the respondent.

2.The petitioner has approached this Court seeking issuance of a Writ of Mandamus directing the respondent to issue a birth certificate based on the petitioner’s representation dated 14.05.2026.

3.The case of the petitioner is that, on account of ignorance, the petitioner’s birth was not registered with the respondent Corporation. In this regard, the respondent Corporation has also issued a Non- Availability Certificate in Form-10 dated 07.05.2026 to the petitioner. Thereafter, the petitioner submitted a representation along with all relevant documents seeking registration of his birth. The grievance of the petitioner is that no orders have been passed on the said representation as on date.

4.Mr. F. Deepak, learned counsel appearing for the respondent, on instructions, submitted that the representation submitted by the petitioner on 14.05.2026 would be considered and disposed of on its own merits within such time as may be stipulated by this Court. The said submission is placed on record.

5.In view of the above submission, and without expressing any opinion on the merits of the petitioner’s claim, this Court deems it appropriate to direct the competent authority to pass appropriate orders within a time-bound manner.

6.Accordingly, the writ petition stands disposed of with a direction to the respondent to consider and dispose of the representation submitted by the petitioner dated 14.05.2026, on its own merits, and pass appropriate orders in accordance with law.

7.The aforesaid exercise shall be completed within a period of six (6) weeks from the date of receipt of a copy of this order.

8.There shall be no order as to costs.

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