Review Application No. 57 of 2024 · Madrasdated High Court · 2026

W.P.Nos.14354 and 13102 of 2024For Petitioner : Mr.G.Pugazhenthi in both W.Ps.For Respondents : Mr.E.Sundaram for R1 to R4 Government Advocate in both W.Ps. Mr.Abishek Murthy for R5 in W.P.No.14354 of 2024C O M M O N O R D E RW.P.No.14354 of 2024 has been filed seeking issuance of Writ of Certiorari calling for the records pertaining to the impugned order dated 15.05.2024 issued by the fourth respondent in Na.Ka.No.5803/A3/2022 and quash the same.2.W.P.No.13102 of 2024 has been filed seeking issuance of Writ of Mandamus forbearing the respondents 1 and 2 from passing any orders based on the enquiry conducted by the second respondent on 25.04.2024, till the disposal of the Review Application No.57 of 2024 pending on the file of this Court.3.The learned counsel appearing for the petitioner submitted that the petitioner’s daughter namely, Afreen John was born at Shifa 3/10 https://www.mhc.tn.gov.in/judis W.P.Nos.14354 and 13102 of 2024Nursing Home, Lalpettai on 10.12.2004 and her birth was registered with the authorities based on the Hospital’s birth record. During the year 2018, two persons namely, Jakir and Mohammed Mansoor sent petitions alleging that the petitioner had kidnapped a child and questioned the genuineness of Afreen’s birth registration and from 2018 to 2020 several inquiries were conducted by various Government bodies like the District Collector, Child Welfare Department and Town Panchayat and thereafter it was reported that Afreen’s birth was genuine, however, the Deputy Director of Health Services passed an order dated 08.05.2023 cancelling the registration of Afreen’s birth and challenging the same, the petitioner filed W.P.No.15834 of 2023 and this Court vide order dated 24.08.2023, remanded the matter back to the Deputy Director of Health Services, pursuant to which, the order impugned in W.P.No.14354 of 2024 was passed. 4.The learned counsel appearing for the petitioner further submitted that after disposal of W.P.No.15834 of 2023, the petitioner realized that based on the enquiries conducted during the year 2020, the Deputy Director of Health Services passed an order dated 13.08.2020 stating that the birth record of the petitioner’s daughter is 4/10 https://www.mhc.tn.gov.in/judis W.P.Nos.14354 and 13102 of 2024true, however, the petitioner did not mention about the said order in W.P.No.15834 of 2023 and hence, the petitioner filed Review Application No.57 of 2024. Whileso, the District Health Officer issued notice to the petitioner calling upon him to attend enquiry and the petitioner attended the enquiry and requested to stay the enquiry proceedings till the disposal of the review application, however, the respondents did not consider his request and hence the petitioner filed W.P.No.13102 of 2024. 5.The learned counsel appearing for the petitioner further submitted that the petitioner participated in all the enquiries and submitted his explanation with valid documents and after completion of enquiries, the District Collector sent a report dated 07.02.2019 stating that the birth certificate issued to the petitioner’s daughter is genuine one. The District Child Welfare Officer, Cuddalore, has also sent a letter dated 25.02.2019 stating that as per the records of the Shifa Nursing Home, Lalpettai, the petitioner’s daughter was born on 10.12.2004 at Shifa Nursing Home, Lalpettai, however, based on the allegations made by two individuals, the Deputy Director of Health Services passed the order impugned in W.P.No.14354 of 2024 which is not sustainable one.5/10 https://www.mhc.tn.gov.in/judis W.P.Nos.14354 and 13102 of 20246.The learned Government Advocate submitted based on the complaint made against the petitioner that the petitioner is not the biological father of Afreen John and that the petitioner prepared bogus document and obtained birth certificate, the order impugned in W.P.No.14354 of 2024 was passed, however, he fairly submitted that the report of the District Collector dated 07.02.2019 and the letter of the District Child Welfare Officer, Cuddalore, dated 25.02.2019 were not taken into consideration while passing the impugned order.7.Heard the arguments advanced on either side and perused the materials available on record.8.The petitioner claim that he is the biological father of one Afreen John. Perusal of records disclose that the claim of the petitioner was objected by one individual who is residing opposite to the petitioner’s house and the said individual lodged complaints against the petitioner including a criminal complaint under Section 223 of BNSS before the District Munsif Cum Judicial Magistrate at Kattumannarkoil alleging commission of offence by the respondents therein (including the petitioner) under Section 82, 109, 173, 176 of 6/10 https://www.mhc.tn.gov.in/judis W.P.Nos.14354 and 13102 of 2024BNS & Section 75 of Juvenile Justice (Care and Protection) Act, 2015 in Crl.M.P.No.134 of 2025 and the said petition was dismissed on 29.09.2025.9.Apart from that, after completion of enquiries against the petitioner, the District Collector has sent a report dated 07.02.2019 stating that the birth certificate issued to the petitioner’s daughter is genuine one. The District Child Welfare Officer, Cuddalore, has also sent a letter dated 25.02.2019 stating that as per the records of the Shifa Nursing Home, Lalpettai, the petitioner’s daughter was born on 10.12.2004 at Shifa Nursing Home, Lalpettai, however, without taking the above into consideration, the Deputy Director of Health Services has passed the order impugned in W.P.No.14354 of 2024 which is not sustainable one. 10.Further, the petitioner’s daughter Afreen John was born on 10.12.2004 and hence, at the time of passing the order impugned in W.P.No.14354 of 2024, the petitioner’s daughter would have attained the age of majority, however, without hearing Afreen John, the impugned order has been passed which is not sustainable one, perverse and clear violation of principles of natural justice. 7/10 https://www.mhc.tn.gov.in/judis W.P.Nos.14354 and 13102 of 202411.In view of all the above, W.P.No.14354 of 2024 is allowed. The order dated 15.05.2024 issued by the fourth respondent in Na.Ka.No.5803/A3/2022 is set aside. The fourth respondent/ The District Health Officer is directed to not to cancel the registration of birth of the petitioner’s daughter Afreen John. As no separate adjudication is required, the writ petition in W.P.No.13102 of 2024 is closed.12.The writ petition in W.P.No.14354 of 2024 is allowed. The writ petition in W.P.No.13102 of 2024 is closed. No costs. Consequently, the connected miscellaneous petitions are closed. 19.11.2025priIndex: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No8/10 https://www.mhc.tn.gov.in/judis W.P.Nos.14354 and 13102 of 2024To1 THE DIRECTOR DEPARTMENT OF PUBLIC HEALTH AND PREVENTIVE MEDICINE CUM CHIEF REGISTRAR OF BIRTHS AND DEATHS DMS COMPLEX, ANNA SALAI, CHENNAI – 600 006.2 THE DISTRICT REVENUE OFFICER CUM REGISTRAR OF BIRTHS AND DEATHS DISTRICT COLLECTORATE CUDDALORE.3 THE DEPUTY DIRECTOR OF HEALTH SERVICES/ DISTRICT JOINT REGISTRAR BIRTH AND DEATH O/o.THE DEPUTY DIRECTOR OF HEALTH SERVICES CUDDALORE.4 THE DISTRICT HEALTH OFFICER CUDDALORE DISTRICT, CUDDALORE.5 THE EXECUTIVE OFFICER TOWN PANCHAYAT, LALPETTAI, KATTUMANNARKOIL TALUK, CUDDALORE DISTRICT.9/10 https://www.mhc.tn.gov.in/judis W.P.Nos.14354 and 13102 of 2024M.DHANDAPANI,J. priW.P.Nos.14354 and 13102 of 2024AndW.M.P.Nos.15582, 15584 and 14260 of 202419.11.202510/10 https://www.mhc.tn.gov.in/judis W.P.Nos.14354 and 13102 of 2024W.P.Nos.14354 and 13102 of 2024AndW.M.P.Nos.15582, 15584 and 14260 of 2024 M.DHANDAPANI,J.The matter is today listed under the caption ‘for being mentioned’ at the instance of the Registry.2.It is brought to the notice of this Court by the Registry that in the order dated 19.11.2025 made in W.P.Nos.14354 and 13102 of 2024, in the prayer in W.P.No.14354 of 2024, in the first paragraph and in eleventh paragraph, the date of the impugned order has been wrongly mentioned i.e., instead of, ‘15.05.2023’, it has been wrongly mentioned as ‘15.05.2024’ and sought for appropriate orders for making necessary corrections.3.In view of the above, in the order dated 19.11.2025 made in W.P.Nos.14354 and 13102 of 2024, (i)the prayer in W.P.No.14354 of 2024 in the preamble 11/10 https://www.mhc.tn.gov.in/judis W.P.Nos.14354 and 13102 of 2024portion of the order is to be read as follows:"Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records pertaining to the impugned order dated 15.05.2023 issued by the fourth respondent in Na.Ka.No.5803/ A3/2022 and quash the same. (ii)the first paragraph is to be read as follows:“W.P.No.14354 of 2024 has been filed seeking issuance of Writ of Certiorari calling for the records pertaining to the impugned order dated 15.05.2023 issued by the fourth respondent in Na.Ka.No.5803/ A3/2022 and quash the same."(iii)the eleventh paragraph is to be read as follows:“11.In view of all the above, W.P.No.14354 of 2024 is allowed. The order dated 15.05.2023 issued by the fourth respondent in Na.Ka.No.5803/A3/2022 is set aside. The fourth respondent/ The District Health Officer is directed to not to cancel the registration of birth of the petitioner’s daughter Afreen John. As no separate 12/10 https://www.mhc.tn.gov.in/judis W.P.Nos.14354 and 13102 of 2024adjudication is required, the writ petition in W.P.No.13102 of 2024 is closed.”4.Registry is directed to carry out the necessary corrections and re-issue copy of the order to the respective learned counsel appearing for the parties. 28.01.2026pri13/10 https://www.mhc.tn.gov.in/judis W.P.Nos.14354 and 13102 of 2024M.DHANDAPANI,J.priW.P.Nos.14354 and 13102 of 2024AndW.M.P.Nos.15582, 15584 and 14260 of 202428.01.202614/10