Madras High Court
WP(MD)/31815/2026 of Sulthan Alavudeen Vs The District Collector on 10 November 2026
WP(MD) No. 31815 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10-11-2026
CORAM
THE HON'BLE MR. JUSTICE SENTHILKUMAR
RAMAMOORTHY
WP(MD) No. 31815 of 2026
CNR:{HCMD011579932026}
Sulthan Alavudeen
..Petitioner(s)
Vs
1. The District Collector
The Collectorate,
Madurai -625020Madurai
2. The Revenue Divisional Officer
The Revenue Divisional Office,
Madurai 625002
3. The Registrar of the Birth and Death
The Birth And Death Registration Office, Arignar Anna Maligai, Thallakulam, Madurai - 625 002
4. The Ashirvatham Hospital
No. 22 Rajaji Street,
Gandhi Nagar,
Madurai - 20
..Respondent(s)
PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus directing the Respondents to consider the Petitioner’s representation dated 26.05.2026, for the registration of the birth and issuance of the Birth Certificate of the Petitioner’s minor daughter, Liyana Sainab, bom on 28.12.2022.
WP(MD) No. 31815 of 2026
For Petitioner(s)
:Mr.E.Mohammed Abbas
For Respondent(s)
:Mr.A.Sivasubramanian
Additional Government Pleader
for R1 & R2
Mr.S.Vidya Sagar
Standing Counsel for R3
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ORDER
Asserting that the petitioner’s daughter, Liyana Sainab, was born on 28.12.2022 at the Asirvatham Hospital in Madurai, the petitioner submitted representations for issuance of a Birth Certificate. By this Writ Petition, the petitioner seeks directions in that regard.
2. Mr.A.Sivasubramanian, learned Additional Government Pleader, accepts notice for respondents 1 and 2. Mr.S.Vidya Sagar, learned Standing Counsel, accepts notice for the third respondent.
3. Learned Standing Counsel for the third respondent submits that the petitioner failed to provide necessary information regarding the birth of the child within two years from the date of occurrence. Therefore, it is contended that the petitioner is required to approach the Judicial Magistrate under Section 13(3A) of the Registration of Births and Deaths Act, 1969.
WP(MD) No. 31815 of 2026
4. In the paper book, the petitioner has included the notice issued by the third respondent in November 2023 to the fourth respondent hospital. Said notice records that a girl child was born to Sulthan Alavudeen and Sathika on 28.12.2022. Said notice also threatened action against the hospital for not reporting the birth in said hospital.
5. From the above, it follows that this is not a case where information regarding the birth was provided to the Registrar more than two years after such birth. Hence, it is not necessary for the petitioner to approach the Judicial Magistrate for relief.
6. For reasons set out above, this Writ Petition is disposed of by directing the third respondent to consider and dispose of the petitioner’s application for a Birth Certificate within four (4) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. 10-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No apd
WP(MD) No. 31815 of 2026 To
1. The District Collector The Collectorate Madurai -625020Madurai
2. The Revenue Divisional Officer The Revenue Divisional Office Madurai 625002
3. The Registrar of the Birth and Death The Birth And Death Registration Office Arignar Anna Maligai Thallakulam Madurai - 625 002
WP(MD) No. 31815 of 2026 SENTHILKUMAR RAMAMOORTHY, J. apd WP(MD) No. 31815 of 2026 10-11-2026