A.Maania (Minor) v. The Commissioner
2024:MHC:5969
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 29.01.2024
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH & WMP.Nos.32793, 32437 & 32428 of 2023 A.Maania (Minor) ... Petitioner in W.P.No.32798 of 2023 A.Mariam ... Petitioner in W.P.No.32829 of 2023 A.Khalifathullah (Minor) ... Petitioner in W.P.No.32809 of 2023 A.Sheik Dawood Kareem (Minor) ... Petitioner in W.P.No.32793 of 2023 Vs 1.The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai - 600 003.
2.The City Health Officer, Greater Chennai Corporation, Chennai - 600 003.
3.The Zonal Health Officer, Zone - IX, Corporation of Chennai, Nungambakkam, Chennai - 600 034.
.... Respondents in all W.P.'s Pg.No.1/4
COMMON PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records on the file of the 3rd Respondent in his proceedings in Pe.Na.se.Maa.Ma.A.9. Na.ka.No.10665/2022 and quash the Impugned Order dated 15-03-2022 as highly illegal and further for a direction, directing the Respondents herein to issue the Birth Certificate to the Petitioner upon entering the correct names of the Petitioners' Father and Mother Viz., MOHIDEEN HAMEED ASHRAF and JANNATH ALI by entering the Petitioners' name in the Column for name of the child and pass.
In all W.P.'s For Petitioner : Mr.I.Ashok For Respondents : Mr.Rahul Aditya for Ms.P.T.Ramadevi Standing Counsel C O M M O N O R D E R Read this order in conjunction with and in continuation of order passed on 18.01.2024, extracted below for completion of narration: Read this order in continuation of and in conjunction with order dated 23.11.2023 that reads as follows:- "Mr.Rahul Aditya, learned counsel on behalf of Ms.P.T.Ramadevi, learned Standing Counsel accepts notice for the respondents in W.P.No.33111 of 2023 and seeks some time to obtain instructions and file a counter. Pg.No.2/4
2. There is no doubt that legally, there is provision for effecting a change of name in the certificates though by way of a proper process. In the present matters, the petitioners' parents claim to have changed their name in the Passport as well as in Aadhar card. Let the applications filed for effecting such change before the Passport authorities and Aadhar authorities be produced on the enxt next date of hearing.
3. The question to be answered is as to whether the entire name (both the first name as well as second name) can be changed without effecting a name change through the official gazette. Supporting documents be filed as aforesaid.
4. The petitioner will also file a tabulation of the various statutory authorities before which the name of the petitioners' mother has been changed.
5. List on 08.12.2023. Counters by then in all writ petitions with an advance copy served upon the petitioners."
2. Today, learned counsel for the petitioner would state that, in fact, the name of the mother has been changed by way of official application in the Gazette and a copy of the same is produced before the Court.
3. Learned counsel for Corporation would state that there is no difficulty in such circumstances to change the birth certificate of the petitioners' incorporating the amended name of mother and father. Let the needful be done within a week from today.
4. List on 29.01.2024 at the end of admission list. Pg.No.3/4
Dr.ANITA SUMANTH,J.
2. Today, Ms.Karthikaa Ashok, learned counsel on record for the petitioner confirms that the prayer sought for stands achieved insofar as the birth certificates of all four petitioners with the amended name of the parents has been issued by the respondents and duly received by them.
3. With this, nothing further survives in these Writ Petitions and recording the same, these Writ Petitions and the connected Miscellaneous Petitions are closed. No costs.
29.01.2024 Index : Yes / No Speaking order sl To 1.The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai - 600 003.
2.The City Health Officer, Greater Chennai Corporation, Chennai - 600 003.
3.The Zonal Health Officer, Zone - IX, Corporation of Chennai, Nungambakkam, Chennai - 600 034.
& WMP.Nos.32793, 32437 & 32428 of 2023 Pg.No.4/4