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Madras High CourtWP/28870/2011disposed of

Tmt. Nirmala, v. The Commissioner,

2021-10-29Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P. No. 28870 of 2011 Tmt. Nirmala

...Petitioner

Vs The Commissioner Dharmapuri Municipality Dharmapuri District.

... Respondent Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to incorporate the name of the petitioner Smt. Nirmala and her husband Mr. Varatharaj in the Birth Certificate of Priyadharshini issued on 16.08.2011 vide Regsitration No. 1021/2011/02 in the place of the father and name of the mother based on the petitioner's application dated 29.11.2011 within the time fixed.

For Petitioner : Mr. R.Bharath Kumar For Respondents : Mrs. A.Srijayanthi Special Government Pleader

O R D E R

The relief sought for in the writ petition is to direct the Respondent to incorporate the petitioner name, viz., Smt. Nirmala and her husband viz., Sri.Varadaraj in the Birth Certificate of Priyadharshini issued on 16.08.2011 vide Registration No.1021/2011/02.

2.Birth Certificate is only an evidence for birth of a child issued by the competent authorities. During the particular time, the name of the child is not entered into the birth certificate, in view of the fact that the child was not named and parents not mentioned the name.

3.Under these circumstances, by way of submitting an application, the name of the parents cannot be entered into the Birth Certificate originally issued.

4.Thus, merely based on the application, the parents' name https://hcservices.ecourts.gov.in/hcservices/

cannot be inserted in the Birth Certificate issued in respect of the birth of the child. However, the Petitioner, for the purpose of redressing the grievances, is at liberty to approach the competent forum.

5.With this liberty, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar Maya To The Commissioner Dharmapuri Municipality Dharmapuri District.

+1cc to Mrs. A.Srijayanthi, Advocate, S.R.No.56598 W.P. No. 28870 of 2011 BP(CO) CT 08/12/2021 https://hcservices.ecourts.gov.in/hcservices/