S.Karthick v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.01.2023

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.62 of 2023 S.Karthick .. Petitioner Vs.

1.The Commissioner, Greater Chennai Corporation, Corporation Office, Rippon Building, Periyamet, Chennai - 600 003.

2.The Registrar of Birth & Death, Zone - 5, Greater Chennai Corporation Zonal Office, No.105, Basin Bridge Road, Chennai - 600 001.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent herein to correct the name of the petitioner as "Karthick S" in his daughter's Birth Certificate bearing Reg.No.COC/2005/07/105A/000508/0, based on the application dated 18.11.2022 and the representation dated 07.12.2022 and also to issue the corrected birth certificate to the petitioner within a reasonable time.

For Petitioner .. Mr.S.R.Karthikeyan For R1 & R2 .. Ms.P.T.Ramadevi, Standing Counsel

ORDER

This Writ Petition has been filed by the petitioner in the nature of Mandamus seeking a direction to the 2nd respondent to correct his name from 'Kamal' to 'S.Karthick' in the Birth Certificate of his daughter bearing Reg.No.COC/2005/07/105A/000508/0 based on the application dated 18.11.2022 and representation dated 07.12.2022 and to issue a correct Birth Certificate.

2.The petitioner appears to have an official name 'S.Karthick'. He also appears to have an another name 'Kamal'. When the daughter of the petitioner was born, in the hospital records and in the Birth Certificate his name was given as 'Kamal'. But however, in all other documents namely, Aadhar Card, Smart Card and Voter ID, his name is given as 'S.Karthick'. However, since the Birth Certificate contains the name 'Kamal', this writ petition has been filed seeking a direction to the 2nd respondents / the

Registrar of Birth & Death, Greater Chennai Corporation Zonal Office, to correct the name from 'Kamal' to 'S.Karthick' in the Birth Certificate of the daughter.

3.But that is a step, which the petitioner should independently undertake. Since he has two names and both the names refer to one individual, he should correct the name in his records. He should also give an explanation as to how the name 'Kamal' was given in the hospital records and also in the Birth Certificate.

4.It is also pointed out by the learned Standing Counsel for the 1st and 2nd respondents that the Birth Certificate was issued nearly 15 years back and there has been no protest over the name 'Kamal' in the Birth Certificate for all these years.

5.Be that as it may, since the future of the daughter is concerned, I would issue a direction to the Principal, Government (ADW) Girls Higher Secondary School, Sevvapet, Thiruvallur District, to accept the 10th standard mark sheet, wherein the name of the father of the daughter is given as

'Karthick.S' and also the Date of Birth is given as '14.01.2005' and proceed further by issuing Hall Ticket for the 12th standard and later let the petitioner may correct his name in all records and thereafter, place a request for the change of name in the Birth Certificate.

6.As an immediate step, though the relief sought is different, taking into consideration the education of the daughter of the petitioner, the said direction is issued to the Principal, Government (ADW) Girls Higher Secondary School, Sevvapet, Thiruvallur District, though the said authority or school is not a party to the writ petition. 7.With the above observation, this Writ Petition stands disposed of. No costs.

23.01.2023 Index:Yes/No Internet:Yes/No smv

To 1.The Commissioner, Greater Chennai Corporation, Corporation Office, Rippon Building, Periyamet, Chennai - 600 003.

2.The Registrar of Birth & Death, Zone - 5, Greater Chennai Corporation Zonal Office, No.105, Basin Bridge Road, Chennai - 600 001.

C.V.KARTHIKEYAN,J.

smv W.P.No.62 of 2023 23.01.2023