R THANGAPERUMAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner is a Headmaster of the Government High School at Illayaresanandal, Sankarankoil taluk, Tirunelveli District. According to the entry in the S. S. L. C. book, his date of birth was 6. 9. 1929. THE petitioner's case was that the correct date of birth is 22. 10. 1930. He preferred a suit in o. S. No. 187 of 1987 on the file of the District Munsif Court at Tirunelveli for a declaration that the correct date of birth is 22. 10. 1930 and a consequential mandatory injunction to give effect to the actual date of birth of the petitioner as 22. 10. 1930. Though the learned District Munsif, decreed the suit declaring the date of birth as 22. 10. 1930, regarding the mandatory injunction, the learned district Munsif refused to grant the relief. THE petitioner sent a letter on 21. 12. 1987 to the second respondent to alter his date of birth to 22. 10. 1930 from 6. 9. 1929 as per the judgment in O. S. 189 of 1987, dated 13. 8. 1987. On 16. 2. 1988, the respondent replied as follows: '. . . . . . . . . . In the decree dated 13. 8. 1987, the court has declared the date of birth of the above plaintiff as 22. 10. 1930 and dismissed the mandatory injunction prayed for. hence the question of correcting the original date of birth both in the S. S. L. C. Book and other records does not arise. . . . . .' Aggrieved by that order, the petitioner has preferred the above writ petition before this court praying for the issue of a writ of mandamus directing the respondents to implement the declaration portion of the decree in O. S. No. 187 of 1987 dated 18. 8. 1987 on the file of the District munsif, Tirunelveli.

(2.) NOTICE of motion was ordered by Sivasubrama-niam J. on 15. 6. 1988. Government Advocate has entered appearance for the respondents.