Madras High CourtWP(MD)/1520/2020dismissed

Sahayamary v. The Commissioner

2020-01-27Honourable Mrs Justice Pushpa Sathyanarayana2 pages

W.P(MD)No.1520 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:27.01.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.1520 of 2020 Sahayamary ... Petitioner Vs.

The Commissioner, Birth and Death Inspector, Vickramasingapuram Municipality, Tirunelveli District, Tirunelveli.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent herein to issue the Birth Certificate by showing petitioner's name as 'SAHAYA MARY' instead of 'EMILI SAHAYA MARY' on the basis of petitioner's representation dated 11/10/2019, within the time stipulated by this Court.

For Petitioner : Mr.S.Mandhiralingeswaran For Respondent : Mr.H.Arumugam, Standing Counsel

O R D E R

The Writ Petition has been filed seeking for a direction to the respondent herein to issue birth certificate by showing the petitioner's name as 'SAHAYA MARY' instead of 'EMILI SAHAYA MARY', on the basis of her representation dated 11.10.2019.

2. In the birth certificate of the petitioner, the name of the petitioner has been mentioned as 'EMILI SAHAYA MARY' and it appears that in the other documents also, her name reads only as 'EMILI SAHAYA MARY'. Since she wanted herself to be known as 'SAHAYA MARY', she had given a gazette publication on 04.09.2019. Now, the petitioner seeks to change her name mentioned in the birth certificate, which according to the respondent is not possible. The procedure is that the gazette notification which contains the changed name has to accompany every document to show her correct name and there cannot be a retrospective change of name in the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.1520 of 2020 already existing documents. Hence, the prayer of the petitioner is not maintainable.

3. In view of the above, the Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) sts +1 CC to M/s.S.MANDHIRALLINGEAWARAN, Advocate ( SR-3293[F] dated 28/01/2020 ) Order made in W.P(MD)No.1520 of 2020 Dated: 27.01.2020 JMN(10.02.2020) 2P : 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2