Balakrishnan v. The Executive Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.NO.18773 OF 2021 Balakrishnan ... Petitioner ..Vs..

1. The Executive Officer,

2. The Registrar (Birth and Death) Krishnagiri. ... Respondents Prayer:

Writ petition is filed under Article 226 of the Constitution of India, for issuance of a writ of mandamus to consider the petitioner's representation dated 22.07.2021 and consequently direct the respondents to correct the name the petitioner as ""Balakrishnan"instead of "Prasanth" in his son's birth certificate in respect of the birth registration No.3892/2012/02 issued on 30.10.2012 in favour of the petitioner's son Vijayaragavan within the time stipulated by this Court. For Petitioner : M/s.T.Venkatesan For Respondents : M/s.U.Baranidharan

O R D E R

This writ petition has been filed for the issue of a writ of mandamus directing the respondents to consider the representation made by the petitioner on 22.07.2021, wherein the petitioner has requested for changing his name in the Birth Certificate that was issued to his son from Prasanth to Balakrishnan.

2. The case of the petitioner is that a male child was born

to him, on 05.10.2012. When the birth certificate was issued by the 2nd respondent, the name of the petitioner was wrongly mentioned as Prasanth instead of Balakrishnan. According to the petitioner, the name has been correctly mentioned in all the other documents that have been relied upon by the petitioner except the birth certificate that was given to his son Vijayaragavan. Therefore, the petitioner has made a representation on 22.07.2021 to the respondents seeking for correction of the name. Since the same was not acted upon, the present writ petition has been filed before this Court seeking for appropriate directions.

3. Heard Mr.T.Venkatesan learned counsel for the petitioner, Mr.U.Baranidharan learned counsel for the respondents.

4. Taking into consideration the facts and circumstances of the case, there shall be a direction to the second respondent to consider the representation made by the petitioner on 22.07.2021 and the second respondent shall take into consideration all the other documents submitted by the petitioner and if a genuine mistake has been committed, the name of the petitioner shall be changed in the birth certificate from Prasanth to Balakrishnan and a fresh certificate shall be issued to the petitioner within a period of four weeks from the date of receipt of copy of this Order.

5. The petitioner is directed to make a fresh representation along with all the necessary documents and also a copy of this order.

6. This writ petition is disposed of with above direction. No Costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar RAP/RR To

1. The Executive Officer,

2. The Registrar (Birth and Death) +1cc to M/s.T.Venkatesan, Advocate, S.R.No.45752 W.P.No.18773 of 2021 BR(CO) CS/24/09/2021