Subbaiah v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Subbaiah ... Petitioner Vs.

1.The District Collector, Pudukkottai, Pudukkottai District.

2.The Commissioner, Pudukkottai Municipality, Pudukkottai District.

3.The Registrar of Births and Deaths, Pudukkottai Municipality, Pudukkottai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st Respondent to direct the 2nd and 3rd respondent to rectify the petitioner's son name as Santhosh instead of Karuppaiah in his Birth Certificate vide its Registration No. 314/2010/03 dated 29.01.2010 based on his representation dated 10.01.2024 within a stipulated time limit as fixed by this Court. For Petitioner : Mr.N.Palaniyandi For Respondents : Mr.S.Kameshwaran Government Advocate 1/4

ORDER

Heard both sides.

2. The petitioner got married to one Ambiga and through the said wedlock, a male child was born on 21.01.2010. Registration of the birth was made on 29.01.2010. While filling up the name of the child, the petitioner has mentioned the name of his child as Karuppaiah. It appears that Karuppaiah was the name called at home and Santhosh was his actual name. All that the petitioner wants is rectification in the birth certificate and substitution of the name Santhosh in the place of Karuppaiah. Request was made in this regard. Since it was not considered, the present writ petition came to be filed.

3. The learned standing counsel for Pudukkottai Municipality pointed out that the details in the birth certificate were entered only based on the particulars furnished by the petitioner himself and that request for rectification is being made after a lapse of 14 years. It is further stated that the authorities may not have any power or jurisdiction to comply with the petitioner's request. These are not matters which should be approached from a technical perspective.

4. The genuineness of the petitioner's request is beyond dispute. The petitioner's son is being called only as Santhosh. A copy of the bonafide certificate issued by the school in which the child is studying has been enclosed 2/4

in the typed set of papers. I am more than satisfied that the petitioner's child is called only as Santhosh and that the name of Karuppaiah was inadvertently entered. I therefore direct the second and third respondents to issue a revised certificate by substituting the name of 'S.Santhosh' in the place of 'Karuppaiah'. Such revised certificate shall be issued by R2 & R3 within a period of three weeks from the date of receipt of a copy of this order.

5. The Writ Petition is allowed. No costs.

21.02.2024 Index : Yes / No Internet : Yes/ No rmi To 1.The District Collector, Pudukkottai, Pudukkottai District.

2.The Commissioner, Pudukkottai Municipality, Pudukkottai District.

3.The Registrar of Births and Deaths, Pudukkottai Municipality, Pudukkottai District.

3/4

G.R.SWAMINATHAN, J.

rmi 21.02.2024 4/4