Madras High CourtWP(MD)/770/2023allowed

Karpagamani.G v. The Commissioner

2023-02-22Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN G.Karpagamani ... Petitioner Vs 1.The Commissioner, Thoothukudi Corporation, Thoothukudi District.

2.The Registrar, Births and Deaths, Thoothukudi Corporation, Thoothukudi District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the to rectify the petitioner's husband name mentioned as Gnanaprakasam instead of Gnanaprakasam Alais Rajesh in respect of petitioner's sons under Section15 of the Tamil Nadu Registration of Birth and Death Act, 1969 and consequently to issue fresh Birth Certificate to her sons, namely, Karuppa Samy and Mugan, as the basis of the petitioner's representation dated 29.11.2022 within a stipulated time as fixed by this Court.

For Petitioner : Mr.P.Banuprasath 1/4

For Respondents : Mr.N.Anandha Kumar Standing Counsel

ORDER

Heard the learned counsel on either side.

2.The writ petitioner got married to one Gnanaprakasam Alias Rajesh. Through the wedlock two children were born. The elder child Karuppasamy was born on 02.09.2007 at Thoothukudi. The younger son Mugan was also born at Thoothukudi on 23.08.2010. It is stated that in the birth certificates issued in respect of the children, the father's name has been mentioned only as Gnanaprakasam. The petitioner wants the same to be corrected as Gnanaprakasam Alias Rajesh. In this regard, the petitioner has already given an application before the respondents. The respondents are directed to issue a revised birth certificate by carrying out the corrections mentioned in the petitioner's representation. The petitioner of course has to pay the necessary charges and comply with any other formality that may be required. Subject to fulfilment of the same, the respondents shall issue the birth certificate sought for within a period of four weeks from the date of receipt of a copy of this order.

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3.This writ petition is allowed. There shall be no order as to costs. 22.02.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA 3/4

G.R.SWAMINATHAN, J.

MGA 22.02.2023 4/4