A.Kavignanam v. The Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 31.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR A.Kavignanam ... Petitioner Vs.

1.The Registrar (Birth and Death Registration Department), Office of the Registrar of Birth and Death, Karaikal Municipality, Karaikal District, Union Territory of Puducherry.

2. The Commissioner, Karaikal Municipality, Karaikal, Puducherry.

3. Rajasekar

4. Manjula Rajasekar (R3 and 4 are impleaded as per order dated 31.01.2025 in WMP No.41581 of 2024 in W.P.No.34031 of 2024) ... Respondents Prayer: Writ petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representations dated 10.07.2024 and 27.08.2024 and thereby Changing the names of the biological parents from the birth certificate of the petitioner's son Lokesh and to replace it with the names of petitioner and his wife Mrs.Shanthi, who are his adoptive parents, as per the registered adoption deed and issue

corrected birth certificate to the petitioner, within a time frame fixed by this court.

For Petitioner : Ms.Swathi R.

for Mr.P.Dinesh Kumar For Respondents : Mr. V.Vasanthakumar, Addl.Govt.Pleader for respondents 1 and 2 Mr.P.Sathishkumar for respondents 3 and 4

ORDER

The writ petition is filed seeking a direction to the respondents 1 and 2 to consider the petitioner's representations dated 10.07.2024 and 27.08.2024 and change the names of the biological parents of petitioner's adopted son Lokesh and replace the same with the names of the petitioner and his wife Shanthi, who are the adoptive parents and issue corrected birth certificate to the petitioner, within a time frame.

2. It is the case of the petitioner that the respondents 3 and 4 are the biological father and mother of Lokesh, who was born on 10.04.2005. The petitioner and his wife have adopted minor Lokesh with the consent of his biological parents. A registered deed was also

executed with regard to the adoption. Subsequently, the petitioner submitted a representation before the second respondent on 10.07.2024 seeking correction of the birth certificate of minor Lokesh, by substituting the name of the adoptive parents, in the place of names of the biological parents. The said representation has not been considered by the respondents. Aggrieved by the same, the petitioner has come before this court seeking the above mentioned direction.

3. The learned counsel appearing for the respondents 3 and 4/ biological parents of minor Lokesh would submit that the respondents 3 and 4 have no objection for issuing birth certificate by substituting the names of the petitioner and his wife/adoptive parents. He also filed a memo dated 31.01.2025 by the respondents 3 and 4, expressing no objection for issuing birth certificate, by substituting the names of the adoptive parents in the place of names of the biological parents.

4. This Court, in an earlier case, directed the official respondents to issue birth certificate to the adoptive parents, as per Form-I-A contained in the Rules, framed under the Registration of Birth and

Death Act. In view of the fact that the biological parents of minor Lokesh have no objection for issuing Birth Certificate, by substituting the names of the adopted parents, this court is inclined to direct the first respondent to issue birth certificate to the petitioner by incorporating the names of the adoptive parents of minor child, as in Form-1-A to the rules framed under the Act.

5. With the above observations, this writ petition is disposed of. There shall be no order as to costs.

31.01.2025 (2/2) Index:Yes/No Internet:Yes/No mst To 1.The Registrar (Birth and Death Registration Department), Office of the Registrar of Birth and Death, Karaikal Municipality, Karaikal District, Union Territory of Puducherry.

2. The Commissioner, Karaikal Municipality, Karaikal, Puducherry.

S.SOUNTHAR, J.

mst 31.01.2025 (2/2)