M.Ettiyappan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY M.ETTIYAPPAN ... Petitioner Vs 1.

THE COMMISSIONER, CHENGALPATTU MUNICIPALITY, CHENGALPATTU DISTRICT- 603 301.

2.

THE REGISTRAR, BIRTH AND DEATH REGSITRAR OFFICE, CHENGALPATTU MUNICIPALITY, CHENGALPATTU DISTRICT- 601 301.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 08.02.2025 consequently direct the respondents to issue a correct birth certificate mentioning the correct father's and daughter's name and in respect of the birth certificate bearing registration No. 5337/2006/01 registered on 09.10.2006 issued on 28.08.2007 within the time stipulated by this Court.

For Petitioner : Ms.Mahalakshmi For R1 & R2 : Dr.T.Seenivasan 1/4

ORDER

The prayer in the writ petition is to correct the birth certificate issued to the daughter of the petitioner.

2. The daughter of the petitioner was born on 05.10.2006 in CMC Hospital, Chengalpattu. Accordingly, when the particulars were furnished, the birth certificate was issued on 28.08.2007. However, the name of the baby, who is the daughter of the petitioner, was mentioned as Swarna Devi and the name of the petitioner was mentioned as 'Arjunan' instead of 'M.Ettiyappan'. The petitioner, however, later named the daughter as 'E.Deepika'. Therefore, they pray that the entries be corrected and a fresh certificate be issued to them.

3. The learned counsel appearing on behalf of the first and second respondents states that when there is no other dispute as to the identity of the parties and the issue is only an alteration of the name, this Court has already decided that such erroneous entries in the birth certificate as well as the death certificate, can be corrected by the respondents. 2/4

4. In view thereof, this writ petition is disposed of on the following terms;- (i) The second respondent is directed to re-issue the birth certificate bearing Registration No. 5337/2006/01 dated 09.10.2006 by correcting the name of the child as 'E.Deepika' and name of the father as 'M.Ettiyappan'; (ii) The above said exercise shall be carried out within a period of four weeks from the date of receipt of the web copy of the order without waiting for the certified copy of the order. No costs. 26.03.2025 nsl To 1.

THE COMMISSIONER, CHENGALPATTU MUNICIPALITY, CHENGALPATTU DISTRICT- 603 301.

2.

THE REGISTRAR, BIRTH AND DEATH REGSITRAR OFFICE, CHENGALPATTU MUNICIPALITY, CHENGALPATTU DISTRICT- 601 301.

3/4

D.BHARATHA CHAKRAVARTHY, J.

nsl 26.03.2025 4/4