New Delhi, March 6 :     The ADMK today demanded the arrest of Justice C. Shivappa - who was asked to step down as Madras High Court judge on Thursday - for continuing in office even after he had crossed the retirement age. Party MP and legal wing secretary N. Thalavai Sundaram said the judge deserved to be penalised. Shivappa refused to comment, only saying: 'A responsible member of Parliament should be more cautious in making statements'. The judge received a communication from Union law minister Thambi Durai on Thursday, informing him the President had 'determined' that his date of birth was December 11, 1936, and not 1938 as claimed. Shivappa had thus completed 62 years in December and could not continue in service. Shivappa said he is yet to receive a formal order from the President asking him to step down. Thambi Durai today defended the government's action, saying the President had consulted then Chief Justice M.M. Punchhi, 'who opined that a prima facie case exists for seeking an explanation from Shivappa'. His school-leaving certificate and other records had 'originally reflected his date of birth as 11.12.1936', the ADMK mini- ster said. Shivappa, however, said he has documents to disprove the charges. He said his secondary school leaving certificate, the LIC certificates of his parents and other documents have his age as December 11, 1938. While the school leaving certificate mentions the year as 1938 in numbers, it has it as 1936 in words. The judge said he got the 'typographical' error changed later. The judge also rejected Thambi Durai's claim that a social worker from Bangalore, S.V. Singre Gowda, had complained that he got the Karnataka Secondary Education Board to change his date of birth. Justice Shivappa said when he tried to locate the complainant, he found the person did not exist. Thambi Durai had said Singre Gowda's petition, along with all relevant materials, was examined by the chief justice of India who advised that Shivappa's date of birth be taken as December 11, 1936. Even as ADMK leaders insist that Shivappa has tampered with his age, the DMK is alleging the Centre misled the President under pressure from Jayalalitha. Shivappa has delivered adverse verdicts against several ADMK leaders, including Jayalalitha. A source close to chief minister M. Karunanidhi said: 'I don't know the reason for the hurry in removing the judge.The day Shivappa was removed, a case against Thambi Durai involving a Rs 29-crore illegal sand quarry was slated for hearing by the judge.' 'The minister himself faxed the order of removal to the judge. This is unheard of. In the normal course, the President would have signed the warrant and the additional justice secretary would have forwarded it to the judge,'he said.