Madras High CourtWP(MD)/5581/2019allowed

T.Vincent, v. The Commissioner Cum Registrar

2019-04-25Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5581 2019 and W.M.P.(MD)No.4405 of 2019 T.Vincent ... Petitioner Vs.

The Commissioner cum Registrar of Birth and Death Nagercoil Municipality, Nagercoil, Kanyakumari District.

... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned proceedings of the respondent herein in his proceedings in Aa.Thi.Mu.No.H3/VS/1838/2017, dated 02.03.2017 and quash the same as illegal and consequently, direct the respondent herein to make necessary correction in the Register of Birth and Death and in the "name column" of the petitioner's son's Birth Certificate, with Registration Number 551/2012/3, dated 27.12.2012 as "V.J.Berjin" instead of "V.J.Bergal".

For Petitioner : Mr.C.Kishore For Respondent : Mr.Arun Jeyaram

ORDER

Heard the learned counsel on either side.

2.The writ petitioner's son was born on 24.12.2012. The petitioner's son was originally known as V.J.Bergal. The writ petitioner now wants the name to be shown as V.J.Berjin. He therefore applied to the respondent seeking change of name of the petitioner's son. The respondent denied to comply with the petitioner's request on the ground that in the birth certificate, the petitioner's son was only mentioned as V.J.Bergal and not as V.J.Berjin as set out in the gazette notification. 3.The contention of the respondent's counsel is definitely correct. But then, these are matters, in which, one should not be too technical. After all, the petitioner wants his son's current name as set out in the gazette notification to be reflected in the birth certificate. Therefore, the respondent is directed to make changes as set out in the petition.

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4.The writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.

sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar +1 CC to Mr.P.ATHIMOOLAPANDIAN, Advocate ( SR-62819[F] dated 26/04/2019 ) +1 CC to Mr.C.KISHORE, Advocate ( SR-63137[F] dated 26/04/2019 ) W.P.(MD)No.5581 2019 and W.M.P.(MD)No.4405 of 2019 25.04.2019 rmi MK/SP (07.05.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/