Madras High Court
A.Titus Athithan vs Union Of India on 22 January, 2019
Author: K.K.Sasidharan
Bench: K.K.Sasidharan, P.D.Audikesavalu
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 22.01.2019
CORAM:
THE HON'BLE MR.JUSTICE K.K.SASIDHARAN
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.(MD)No.22315 of 2018,
WMP (MD) Nos.20229 and 20230 of 2018
A.Titus Athithan ...Petitioner
Vs
1.Union of India,
Rep. by its Secretary,
Department of Health and Family Welfare,
Nirman Bhavan, New Delhi.
2.The Principle Secretary to Government,
Department of Health and Family Welfare
St.George Fort, Chennai.
3.The Principal Secretary to Government,
Department of Panchayatraj,
St.George Fort, Chennai.
4.The Commissioner,
Municipal Administration,
Chepauk, Chennai.
5.The Chief Registrar/Director of Public Health
and Preventive Medicine,
Anna Salai, Chennai. ...Respondents
Petition filed under Article 226 of the Constitution of India for the
issuance of writ of Certiorari, to call for the records in pursuant to the
impugned
http://www.judis.nic.in G.O.Ms.No.353 dated 09.10.2017 and consequential
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G.O.Ms.No.443 dated 26.09.2018 and quash the same as illegal and
unconstitutional.
For Petitioner : Mr.S.Chellapandian
For Respondents : Mr.D.K.Baskarapandian
Special Govt. Pleader
ORDER
(Delivered by K.K.SASIDHARAN,J.) The challenge in this writ petition is to the Government Order in G.O.Ms.No.353 dated 09.10.2017 and the consequential order in G.O.Ms.No.443 dated 26.09.2018 delegating the power of registration of birth and death to the Multipurpose Health Supervisors/ Health Inspectors of various hospitals in the Municipality, Town Panchayat and Village Panchayat.
2. The petitioner filed this writ petition with an apprehension that on account of the two Government Orders referred to above, the authorities constituted under the Registration of Births and Deaths Act, 1969 would be deprived of the authority to register the birth and death. http://www.judis.nic.in 3
3. In view of the apprehension raised by the petitioner, we have directed the respondents to file counter affidavit.
4. The Joint Secretary to Government, Health and Family Welfare Department, filed a counter affidavit contending that the Government Orders were issued pursuant to the order dated 20.09.2010 in W.P. (Civil) No.37 of 2009, whereby and where under, the Hon'ble Supreme Court directed the States to notify all Panchayats and Institutional Delivery Centres such as Hospitals, Nursing Homes, Community Health Centres, Primary Health Centres and other such institutions as Local Registration Centres under Section 7(1) of the Registration of Births and Deaths Act, 1969.
5. The Health Department in the counter affidavit made it clear that the designated officers, who are functioning at present for registration of birth and death would continue to exercise the power conferred on them under the provisions of the Registration of Births and Deaths Act, 1969. The arrangement proposed as per the two Government Orders are in addition to the existing practise in the procedure of registration of birth and death. http://www.judis.nic.in 4
6. The Hon'ble Supreme court directed the States to constitute local registration centres in the Panchayats and Institutional Delivery Centres such as Hospitals, Nursing Homes, Community Health Centres, Public Health Centres, etc. The direction was given to serve larger public purpose. The Supreme Court found that registration of Births in India is at a very low level and was of the view that additional centres should be opened for registration. It was therefore with a larger public purpose, the Government have issued two orders which are challenged in this writ petition.
7. There is absolutely no merit in the contention taken by the petitioner in view of the explanation now given by the Government.
8. The learned counsel for the petitioner submitted that it would not be possible to the applicants to obtain birth certificates from the local body in view of the delay in sending the particulars by the hospital to the Panchayat/Municipality.
9. The Circular issued by the Director of Public Health and Preventive Medicine cum Chief Registrar of Births and Deaths, Tamil Nadu, to various authorities including the Collectors on 05.10.2018, http://www.judis.nic.in 5 indicates that the Birth and Death Registrar duly appointed under the two Government Orders should sent a monthly report to the Tahsildar/Deputy Directors of Health Services and Additional District Registrar of Births and Deaths in whose jurisdiction the appropriate Government Institutions are located and more particularly on or before 5th of every month on the issue of birth/death certificates.
10. We direct the Government to issue appropriate orders for onward transmission of the particulars to the concerned Additional District Registrar of Births and Deaths so as to enable the applicants to obtain the certificates as expeditiously as possible.
11. The writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.
(K.K.SASIDHARAN.,J.) (P.D.AUDIKESAVALU.,J.) 22 January 2019 Index : Yes/No Speaking/Non-speaking order svki http://www.judis.nic.in 6 K.K.SASIDHARAN,J.
and P.D.AUDIKESAVALU,J.
(svki) To
1.The Secretary, Union of India, Department of Health and Family Welfare, Nirman Bhavan, New Delhi.
2.The Principle Secretary to Government, Department of Health and Family Welfare St.George Fort, Chennai.
3.The Principal Secretary to Government, Department of Panchayatraj, St.George Fort, Chennai.
4.The Commissioner, Municipal Administration, Chepauk, Chennai.
5.The Chief Registrar/Director of Public Health and Preventive Medicine, Anna Salai, Chennai.
W.P.(MD)No.22315 of 2018
22.01.2019 http://www.judis.nic.in