Thangasamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY THANGASAMY ... Petitioner Vs 1.
THE DISTRICT COLLECTOR, OFFICE OF THE COLLECTORATE, ERODE DISTRICT.
2.
THE REVENUE DIVISIONAL OFFICER, GOPICHETTIPALAYAM TALUK, ERODE DISTRICT.
3.
THE REVENUE TAHSILDAR, GOPICHETTIPALAYAM TALUK, ERODE DISTRICT.
4.
THE REVENUE INSPECTOR, GOPICHETTIPALAYAM TALUK, ERODE DISTRICT.
5.
SELVI VINAYAGAM, THE REVENUE INSPECTOR, GOPICHETTIPALAYAM TALUK, ERODE DISTRICT.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the second respondent dispose of the petitioner petition dated 26.09.2024 to update the Birth Certificate of the petitioner adopted child and to reflect the petitioner name (Thangasamy) and petitioner wife's name (Poovathal) based on the adoption deed in Doc. No.34 1/5
of 2023 dated 06.12.2023 within a stipulated period as fixed by this Court. For Petitioner : Mr.M.Saravanakumar For R1 to R4 : Dr.S.Suriya Additional Government Pleader
ORDER
The prayer in the writ petition is for a Mandamus directing the second respondent to dispose of the petition filed by the petitioner on 26.09.2024.
2. Upon hearing the learned counsel appearing for the petitioner and perusing the affidavit filed in support of the writ petition and upon hearing the learned Additional Government Pleader appearing on behalf of the respondents 1 to 4, it is seen that the grievance of the petitioner is that while he was born to one Iyyappan and Keerthana, he has now been adopted by one Thangasamy and Poovathal. Therefore, the petitioner wants the names of the adoptive parents to be included in the birth certificate.
3. As a matter of fact, a birth certificate will contain the names of the 2/5
biological parents. If the names of the adoptive parents are to be included, an application under Rule 40 of the Adoption and Care Rules has to be filed, and the District Magistrate has to consider the same. Upon passing of such orders, the same can be included by the concerned Registrar. The petitioner has filed an application before the second respondent. It is stated that the second respondent has forwarded the application for enquiry to the third respondent.
4. In view thereof, this writ petition is disposed of on the following terms:- (i) The third respondent shall complete the enquiry within three weeks from the date of receipt of the web copy of this order and forward the report to the second respondent.
(ii) Upon receipt of the report, the second respondent shall pass final orders on the petitioner's representation dated 26.09.2024 in accordance with law.
(iii) The said exercise shall be completed within eight weeks from the date of receipt of the report from the third respondent. 3/5
(iv) The parties shall act upon the web copy of the order without waiting for the certified copy. No costs.
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THE DISTRICT COLLECTOR, OFFICE OF THE COLLECTORATE, ERODE DISTRICT.
2.
THE REVENUE DIVISIONAL OFFICER, GOPICHETTIPALAYAM TALUK, ERODE DISTRICT.
3.
THE REVENUE TAHSILDAR, GOPICHETTIPALAYAM TALUK, ERODE DISTRICT.
4.
THE REVENUE INSPECTOR, GOPICHETTIPALAYAM TALUK, ERODE DISTRICT.
D.BHARATHA CHAKRAVARTHY, J.
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