Ilakiya v. Assistant Director (Publication)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2023

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.21116 of 2022 and W.M.P.No.23554 of 2022 Ilakiya .. Petitioner Vs.

1.Assistant Director (Publication), Directorate of Stationery and Printing, No.110, Anna Salai, Mount Road, Chennai - 600 005.

2.H.Anthony Cruz (R2 is impleaded vide order dated 06.01.2023 in W.M.P.No.23554 fo 2022 in W.P.No.21116 of 2022 ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to change the petitioner's son name as A.ENRIQUE instead of A.ALFRED ISHAM as per the Proforma - I dated 20.01.2022 applied by the petitioner.

For Petitioner .. Mr.P.Muthamizhselvakumar For Respondents .. Mr. K.H.Ravikumar, Government Advocate.

ORDER

Before taking up the writ petition for consideration, let me address W.M.P.No.23554 of 2022 in W.P.No..21116 of 2022. 2.This miscellaneous petition has been filed by the petitioner herein seeking to implead her own husband as the 2nd respondent to the writ petition. This is required, because there was an earlier direction by this Court on 17.08.2022, and in compliance of that order passed by my learned predecessor, the present miscellaneous petition has been filed. 3.In the writ petition, the petitioner / mother of A.Alfred Isham had sought that permission may be given to change his name to 'A.Enrique'. I have no idea why the writ Court has been approached for such permission, but still this writ petition has been filed.

4.The miscellaneous petition seeking to implead the husband is naturally allowed, since it would only be appropriate that the change of name of the son is done to the knowledge of both the parents. 5.Before issuing the order copy, the Registry may carry out necessary amendment to the cause title of the writ petition by impleading the husband viz., H.Anthony Curz, as the 2nd respondent.

6.The 2nd respondent, H.Anthony Curz, who has now been impleaded has filed an affidavit, that he has no objection for the change of name of the son.

7.Let the affidavit be filed by him be forwarded to the petitioner herein and the petitioner may submit that to the 1st respondent namely, Assistant Director (Publication), Directorate of Stationery and Printing, Anna Salai, Chennai. A direction is issued that the respondent may proceed further to do the necessary to publish the change of name in the Government Gazette and ensure that the name of the son of the petitioner and the 2nd respondent is changed from "A. ALFRED ISHAM" to "A. ENRIQUE".

8.On compliance of forwarding of the affidavit of the 2nd respondent by the petitioner, the 1st respondent should not put any further hurdles in effecting the change in the name.

9.With the above observations, this Writ Petition and the Writ Miscellaneous Petition both are allowed. No costs. 06.01.2023 Index:Yes/No Internet:Yes/No smv To The Assistant Director (Publication), Directorate of Stationery and Printing, No.110, Anna Salai, Mount Road, Chennai - 600 005.

C.V.KARTHIKEYAN,J.

smv W.P.No.21116 of 2022 and W.M.P.No.23554 of 2022 06.01.2023