S.Lakshmi, v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.10.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.23816 of 2014 S.Lakshmi
...Petitioner
Vs
1. The District Collector, Cuddalore District, Cuddalore.
2. The Revenue Divisional Officer, Virudhachalam.
3. The Thasildar, Virudhachalam.
4. The Revenue Inspector, Virudhachalam.
5. The Revenue Thasildar, Seiyur.
6. The Sub Registrar, (Births & Deaths) Mangalampettai, Villupuram Taluk and District.
...Respondents
PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondents to issue Birth Certificate of the petitioner containing her name as Lakshmi by implementing the order of Tahsildar, Virudhachalam, in Na.Ka. No.(B4) 5820/2013 dated 9.7.2013.
For Petitioner : Mrs.S.Vijayalakshmi For Respondents: Mr.C.Kathiravan Govt. Advocate.
O R D E R
The relief sought for in the present writ petition is to direct the respondents to issue Birth Certificate of the petitioner containing her name as Lakshmi by implementing the order of Tahsildar, Virudhachalam, in Na.Ka. No.(B4) 5820/2013 dated 9.7.2013.
https://hcservices.ecourts.gov.in/hcservices/
2. The Birth Certificates are issued to establish the birth of a child, between a male and female. Such birth certificates may contain the name and may not contain the name depending upon the information furnished by the parents at the time of birth. However, the petitioner states that the name of the child is to be entered as Lakshmi in the birth certificate.
3. High Court cannot issue any such direction for incorporation of the name of the child in the Birth Certificates. Such incorporation or modifications, requires an adjudication by the competent authorities. Merely based on the affidavit filed by the writ petitioner in a writ proceedings, the High Court cannot direct the authorities to incorporate the name of the child in the Birth Certificate, which is to be done otherwise by following the procedures contemplated under the Birth and Death Registration Act. Thus, the petitioner is at liberty to approach the competent forum for the purpose of redressal of her grievances.
4. With this liberty, the writ petition stands disposed of. No Costs.
Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar ars To
1. The District Collector, Cuddalore District, Cuddalore.
2. The Revenue Divisional Officer, Virudhachalam.
3. The Thasildar,Virudhachalam.
4. The Revenue Inspector, Virudhachalam.
5. The Revenue Thasildar, Seiyur.
6. The Sub Registrar, (Births & Deaths) Mangalampettai, Villupuram Taluk and District.
W.P.No.23816 of 2014 VSN-II(CO) RGA(17/11/2021) https://hcservices.ecourts.gov.in/hcservices/