Telangana High Court

WP/28043/2008 of Syed Shakeera Banu , Jubeda Vs Jaggaiahpet Municipality, rep.by its Municipal Commissioner on 24 December 2008

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 28043 of 2008 Between: Syed Shakeera Banu @ Jubeda W/o.Late Syed Jilani

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)

WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBERTWO THOUSAND AND EIGHT

PRESENT

THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADAWRIT PETITION NO : 28043 of 2008

Between:

Syed Shakeera Banu @ Jubeda W/o.Late Syed Jilani Resident of Jaggaiahpet village and mandal Krishna District

..... PETITIONER

AND

Jaggaiahpet Municipality, rep.by its Municipal Commissioner cumRegistrar of Birth and Deaths, Jaggaiahpet, Krishna District

.....RESPONDENT

Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to to issue a writ order or direction more particularlyone in the nature of writ of mandamus declaring the action ofrespondent in issuing proceedings ROc.No.2997/VS/JPT dated11.12.2008 by rejecting the representation for registering the name ofthe petitoner son as Syed Gouse Basha in the birth reigster maintainedby the respondent and issuing birth Certificate as the same is arbitrary,.illegal, and consequently set aside the impugned proceedings bydirecting the respondent to enter the petitioner son name as SyedGouse Basha in the birth register and issue date of birth certificate andto pass Counsel for the Petitioner:MR.P.PRABHAKAR RAO

Counsel for the Respondent No.: MR.S.NAGESWARA REDDY

The Court made the following :

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ORDER

According to the petitioner, she has two sons and onedaughter and the name of her younger son is Syed Gousha Basha,who was born on 15.10.1990 in St.Annans Maternity Hospital,Jaggaiahpet. At the time of birth, on the basis of informationfurnished by the said hospital, the concerned Registrar recordedthe said birth and issued a Birth Certificate to the petitioner statingthat a male child was born on 15.10.1990. Thereafter, as thedate of birth with name is required, she gave an application tothe respondent-Municipality requesting it to give Date of BirthCertificate to her son Syed Gousha Basha as 15.10.90. However,the same was rejected. Hence, the petitioner approached thisCourt and filed the present writ petition.

Heard the learned counsel for the petitioner and SriS.Nageswara Reddy, learned Standing Counsel for JaggaiahpetMunicipality.

When a child is born and an application for registration ofbirth is given, the respondent-Municipality cannot expect that thechild is named at the time of birth to see that the said name isentered in the Register of Births. It is only after some time, thechild will be named and thereafter, the name would be shown in therelevant records. It is surprising to note that the respondent-Municipality rejected the said application for extraneous reasons.

Hence, this Court is of the view that the respondent- Municipality ought to have issued a Date of Birth Certificate asrequired by the petitioner.

Accordingly, the writ petition is allowed and therespondent-Municipality is hereby directed to issue Date of BirthCertificate to the petitioner as required. No costs.

Note: Issue CC by one week.(B.O) rkk

__________

24-12-2008

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