Karthika v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR Writ Petition(MD)No.2295 of 2026 Karthika .. Petitioner Vs 1.The Commissioner, Karaikudi Corporation, Sivagangai District.

2.The Registrar (Birth and Death), Birth and Death Registration, Karaikudi Corporation, Sivagangai District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents herein to re-issue the birth certificate to the child Riya Shri. V.K. by changing the father's name of the petitioner's daughter as Alagukumar instead of Vijayasarathi on the basis of the representation dated 14.01.2026 within the stipulated time period in accordance with law.

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For Petitioner : Mr.C.Senthilkumar For Respondents : Mr.E.P.Venkateshwar Standing Counsel

ORDER

The petitioner is before this Court seeking issuance of a writ of mandamus directing the respondents to re-issue the birth certificate of the minor child, Riya Sri V.K., by substituting the name of the biological father with that of the stepfather. 2.The petitioner was earlier married to one Vijayasarathi, and from the said wedlock, a female child, namely, Riya Sri V.K., was born. The birth certificate was issued reflecting the name of Vijayasarathi as the father of the child. Subsequently, Vijayasarathi passed away on 11.10.2020, and the petitioner thereafter married one Alagukumar. The petitioner submitted an application to the second respondent seeking substitution of the name of the biological father with that of the stepfather. The grievance of the petitioner is that the said application has not been considered till date. 2/5

3.The learned counsel for the respondents submitted that the petitioner's representation would be considered in accordance with law within a time frame to be stipulated by this Court. 4.The said submission is placed on record.

5.A Coordinate Bench of this Court, in W.P. (MD) No. 30055 of 2023, dated 27.02.2024, directed the respondents therein to issue a revised birth certificate by substituting the name of the stepfather in place of the biological father, placing reliance on the decision in Mrs. B.S. Deepa v. The Regional Passport Officer, Chennai and another [2015-I-L.W. 943]. In the said decision, a direction was issued to the Ministry of External Affairs, Union of India, to incorporate appropriate provisions in the Passport Manual and corresponding columns in passport applications to enable applicants to indicate the names of biological parents, adoptive parents, stepparents, or all of them, depending on the circumstances. 6.In light of the above pronouncements, the respondents are directed to consider the petitioner's representation dated 14.01.2026, on its own merits and in the light of the aforesaid judgments, and to pass appropriate orders in accordance with law within a period of six 3/5

(6) weeks from the date of receipt of a copy of this order, subject to the petitioner paying the requisite statutory fee. 7.With the above directions, this writ petition stands disposed of. There shall be no order as to costs.

01.04.2026 NCC : Yes/No Index : Yes/No Internet:Yes skn 4/5

HEMANT CHANDANGOUDAR, J.

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