Thangasamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-04-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA Thangasamy S/o.Kuppusamy, No.6/273,Arijana Colony, Thotta Kattur, Bommanayakkan Palayam Kalichettipalayam, Gopichettipalayam Erode District.
..Petitioner(s) Vs
1. The District Collector, Office of the Collectorate, Erode District.
2. The Sub Collector, Gobi, Erode District.
3. The Revenue Tahsildar Gobi Taluk, Erode District.
4. The Revenue Inspector, Gobi Taluk, Erode District.
5. Selvi Vinayagam, The Revenue Inspector, Gobi Taluk, Erode District.
..Respondent(s)
Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the 1st respondent, to initiate disciplinary action against the 5th respondent under the Tamil Nadu Civil Services (Discipline and Appeal) Rules, Punishment for neglect of duties, Rule(8) and rule(17) for the long-pending matter and for the 5th respondent not taking any action on petitioner petition dated 26.9.2024 nearly 7 Months. They are deliberately delaying the amendment of the birth certificate even after submitting the application with all the documents and government orders, no action has been taken on the application so far.
However, in all other places in Tamil Nadu, the Village Administrative Officer amends the birth certificate of the adopted child based on the adoption document The responsibility for correcting the birth certificate with the 4th respondents who has access to make corrections on the website, they have not yet made the changes to petitioner child's birth certificate. Humbly praying direction to 5th respondent provide the compensation also, change the birth certificate and direction to 1st respondent to take action 5th respondent under Tamil Nadu Civil Services (Discipline and Appeal) Rules, Punishment for neglect of duties Rule (8) and Rule (17) Long pending Not taking any action.
For Petitioner(s):
Mr.M.Saravanakumar For Respondent(s):
Mr.P.Balathandayutham, Special Government Pleader for RR1 to 4
ORDER
Seeking a Mandamus to initiate disciplinary action against the fifth respondent, the petitioner is before this Court. 2.The short facts are as follows; The grievance of the petitioner is that he had adopted a child from one of his relative and had registered the adoption with the Central Adoption Resource Authority (CARA). He thereafter submitted an on-line application on 26.09.2024 for amending the birth certificate of the adopted child to include the name of the adoptive parents before the second respondent. Thereafter, the said petition was duly processed and approved by the third respondent. Subsequently, it was forwarded to the fourth respondent for enquiry. However, the fourth respondent failed to process the said application constraining the petitioner to file W.P.No.
13510 of 2025 seeking a direction to the Revenue Divisional Officer to process the same at the earliest. By order dated 16.04.
orders on the petitioner's representation dated 26.09.2024 in accordance with law.
3.The grievance of the petitioner is that the application of the petitioner dated 26.09.2024 is still pending with the fourth respondent and that he has been made to visit the fourth respondent's office regularly for following up his petition. The fourth respondent is also impleaded in her individual capacity as the fifth respondent. The petitioner would submit that this long delay in processing his petition is arbitrary and contrary to the mandatory provisions of the Registration of Birth and Death Rules, 1999. The petitioner would submit that despite a rule that Birth Certificate should be issued within 5 working days in respect of the adopted child, the fifth respondent has deliberately not processed the application and her inaction has caused hardship and agony to the petitioner and therefore, the petitioner sought to have the fifth respondent punished and has come forward with the writ in question. 4.Heard the learned counsel on either side and perused the materials available on record.
5.From a perusal of records, this Court is unable to understand as to whether the petitioner has received the birth certificate since, he has not taken any steps to file a contempt petition against the respondents, which he would have done, had the certificate not been issued to him. That apart, it is seen that the application has been made on 26.09.2024 and the petitioner has immediately filed W.P.No.13510 of 2025, which has also been held in favour of the petitioner. Further, apart from the delay, no other allegations have been made against the fifth respondent. It is also seen that the petitioner has not filed an independent petition seeking to take action against the fourth respondent in her individual capacity.
6.Therefore, the Writ Petition is dismissed. No costs. 09-04-2026 Index: Yes/No Speaking/Non-speaking order TSG
P.T.ASHA, J.
TSG To
1. The District Collector, Office of the Collectorate, Erode District.
2. The Sub Collector, Gobi, Erode District.
3. The Revenue Tahsildar Gobi Taluk, Erode District.
4. The Revenue Inspector, Gobi Taluk, Erode District.
09-04-2026