Balamurali P.S. v. Madurai City Municipal Corporation
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and C.M.P(MD)No.7184 of 2025 Balamurali P.S ... Appellant/Writ Petitioner vs.
Madurai City Municipal Corporation, Through its Commissioner (ACHO), Aringar Anna Malligai, Tallakulam, Madurai - 625 002.
... Respondent/Respondent PRAYER : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 28.01.2025 made in W.P(MD)No.2311 of 2025. For Appellant : Mr.K.Muraleedharan For Respondent : Mr.K.Sivabalan Standing Counsel 1/8
JUDGMENT
(Judgment of the Court was delivered by S.SRIMATHY, J.) This Writ Appeal is filed challenging the order passed by the learned Single Judge in W.P(MD)No.2311 of 2025 dated 28.01.2025, whereby the writ petition filed by the appellant seeking correction of his son's name in the Birth Certificate was dismissed.
2.The appellant/writ petitioner filed the Writ Petition challenging the impugned order passed by the respondent dated 17.12.2024 and sought a direction to the respondent to correct his son's name in the birth certificate from "Akshey P.B." to "Akshey Pala Balamurali" being the expansion of the initial "P.B." as reflected in the School records, Aadhaar and Passport.
3. The writ Court, after careful consideration of the submissions and the materials placed on record, dismissed the Writ Petition on the ground that the provision under Section 15 of the Registration of Births and Deaths Act, 1969 2/8
was not applicable to the present case. Aggrieved by the same, the writ petitioner has filed the present Writ Appeal.
4. The learned counsel for the appellant submitted that the respondent failed to appreciate that Section 15 of the Registration of Births and Deaths Act, 1969, does not limit the correction of a name to only one instance. Further the request did not involve a change of name but merely the expansion of initials, which does not affect the identity of the person. The reasoning that a name, once changed, cannot be changed again is erroneous, particularly when the correction sought is only for clarity and uniformity, and does not result in any adverse consequences, which crucial aspect was overlooked by the learned Single Judge.
5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.
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6. The case of the appellant is that his son's name was originally registered as "Akshey P.B." in the birth register. For clarity and consistency, the full expanded form "Akshey Pala Balamurali" has been used in official records, including Aadhaar, passport, and school certificates. The appellant sought correction of the name in the birth certificate to reflect the same. However, the respondent rejected the request and the writ petition challenging that decision was dismissed.
7. The learned Single Judge dismissed the writ petition on the ground that the original registration of the name was neither erroneous, fraudulent, nor improperly made, and hence, Section 15 of the Registration of Births and Deaths Act, 1969, would not apply.
8. We are unable to agree with the reasoning of the learned Single Judge. Section 15 of the Act empowers the Registrar to correct entries that are erroneous in form or substance. In the present case, the correction sought is not due to fraud or improper registration, but merely to reflect the full expanded form of the initials already recorded at the time of registration. The name "Akshey 4/8
P.B." in expanded form refers as "Akshey Pala Balamurali," which has been consistently used in all other identity cards and educational documents.
9. The Hon'ble Supreme Court and various High Courts have consistently held that where there is uniformity and no mala fide intention in the use of a name across identity documents, the mere expansion or clarification of initials in a birth certificate does not constitute a fraudulent or improper act and should not be rejected.
10. Further, in the absence of any specific rule prohibiting such clarification or expansion and in the interest of avoiding future discrepancies or hardship for the individual, the appellant's request ought to have been considered favourably.
11. In view of the above, the impugned order dated 28.01.2025 passed in W.P(MD)No. 2311 of 2025 is set aside. The writ appeal is allowed. The respondent is directed to effect the correction in the birth certificate by expanding the name from "Akshey P.B." to "Akshey Pala Balamurali," in accordance with 5/8
the documents produced by the appellant, within a period of twelve weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed. [J.N.B.,J.] & [S.S.Y.,J.] 29.04.2025 NCC : Yes / No Index : Yes / No ps 6/8
To Madurai City Municipal Corporation, Through its Commissioner (ACHO), Aringar Anna Malligai, Tallakulam, Madurai - 625 002.
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J.NISHA BANU , J.
and S.SRIMATHY, J.
ps ORDER MADE IN DATED : 29.04.2025 8/8