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Madras High CourtWP/16158/2025disposed of

K.Shakila v. The Registrar

2025-04-30Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY K.Shakila ... Petitioner Vs.

The Registrar Birth and Death Chengalpattu Municipal Office Chengalpattu.

...Respondent

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent herein to consider the petitioner's representation dated 22.03.2025 to change the petitioner name in the birth certificate of the petitioner as K.Shakila instead of Sasikala within time frame.

For Petitioner : M/s.K.Bharathi For Respondents : Mr.M.S.Premkumar Government Advocate 1/5

ORDER

This Writ Petition is filed with the prayer to direct the respondents to consider the petitioner's representation dated 22.03.2025 to alter the petitioner's name as K.Shakila instead of Sasikala that is mentioned in the birth certificate of the son of the petitioner.

2. The grievance of the petitioner is that when the petitioner K.Shakila and her husband Kuppusamy gave birth to a male child on 01.09.2015 namely K.Sarnesh, the birth was registered in registration No.5907/2015/01. However, while recording the particulars, the name of the mother is mentioned as Sasikala instead of K.Shakila. According to the learned counsel for the petitioner, the same is only a typographical/phonetical error that is made by the persons, who gave the particulars at the time of birth.

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3. Mr.M.S.Premkumar, the learned counsel takes notice on behalf of the respondent submitted that already this Court after considering Section 15 of the Tamil Nadu Births and Deaths Act and Rule 11 of the Tamil Nadu Births registration Rules has held that if any erroneous entry that is made, the same can always be rectified.

4. In view thereof, considering the request of the petitioner that it is only a phonetical/typographical error to record it as Sasikala instead of K.Shakila, this Writ Petition is disposed of on the following terms; (i) The respondent shall take up the representation of the petitioner dated 22.03.2025, issue notice to the petitioner and if there is no dispute as to the identity of the petitioner, the name shall be altered as K.Shakila instead of Sasikala; (ii) The said exercise shall be completed within a period of four weeks from the date of receipt of the web copy of 3/5

order. The name of the petitioner shall be altered as K.Shakila instead of Sasikala in the birth certificate bearing Registration No.5907/2015/01;

(iii) No costs.

30.04.2025 dna To The Registrar Birth and Death Chengalpattu Municipal Office Chengalpattu.

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D.BHARATHA CHAKRAVARTHY , J.

dna 30.04.2025 5/5