Manjula v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and WMP.No.26157 of 2025 Manjula W/o.Late Varadharaj ... Petitioner Vs.

1.The Director, Public Health and Preventive Medicine Department, No.259, Anna Salai, Teynampet, Chennai-600 006.

2.The Commissioner, Ranipet Municipality, Ranipet-632 401.

3.The Registrar of Births and Deaths, Ranipet Municipality, Ranipet-632 401.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the second respondent in his proceedings in Na.Ka.No.0442/224/H-1 dated 28.01.2025, quash the same, and direct the third respondent to correct the name of the father in the birth register of the petitioner's son, Master Thavanesh, from "Arulrajan" to "Varadharaj" within a stipulated time frame.

For Petitioner : Ms.S.Anbarasi 1/4

For Respondents : Mr.E.Sundaram, Government Advocate *****

O R D E R

This writ petition has been filed challenging the impugned communication dated 28.01.2025 issued by the second respondent and for a consequential direction to the respondents to correct the name of the father in the birth certificate issued to the petitioner's son as Varadharaj instead of Arulrajan.

2. Heard Ms.S.Anbarasi, learned counsel for petitioner and Mr.E.Sundaram, learned Government Advocate appearing for respondents.

3. The petitioner was married to one Varadharaj and out of the marriage, a son was born named as Thavanesh on 13.08.2013. A birth certificate was issued by showing the father's name as Arulrajan instead of Varadharaj. Hence, the petitioner submitted an application before the second respondent and the second respondent has rejected the application on the ground that such change in name cannot be carried out in the birth certificate. Aggrieved by the same, the present writ petition has been filed before this Court.

2/4

4. It is seen from records that the name of the petitioner's husband is Varadharaj and the same is evident from the family card, pan card, aadhar card, death certificate of Varadharaj and also the legal heirship certificate issued after the demise of Varadharaj. Even in the widow certificate, the name of the petitioner's husband has been mentioned as Varadharaj. Therefore, it is clear that the petitioner's husband name is Varadharaj and that name has to be reflected in the birth certificate of the petitioner's son.

5. In view of the above, the impugned communication of the second respondent dated 28.01.2025 is hereby quashed and there shall be a direction to the second respondent to carry out necessary correction in the birth certificate that was issued to Master Thavanesh by incorporating the name of the father as Varadharaj instead of Arulrajan. This process shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order.

N.ANAND VENKATESH, J gm 3/4

This writ petition is allowed with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 27.06.2025 Index: yes/no Speaking Order/Non-Speaking Order gm To 1.The Director, Public Health and Preventive Medicine Department, No.259, Anna Salai, Teynampet, Chennai-600 006.

2.The Commissioner, Ranipet Municipality, Ranipet-632 401.

3.The Registrar of Births and Deaths, Ranipet Municipality, Ranipet-632 401.

4/4