V.Lakshmi v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR V.Lakshmi ... Petitioner vs.

1.The Commissioner, Madurai City Corporation, Madurai.

2.The Registrar of Births and Deaths, Madurai City Corporation, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the rejection order passed by the 1st respondent in (H5). O.Mu/018961/2026 dated 09.01.2026 and quash the same as illegal and arbitrary and consequently, to direct the respondents to issue the birth certificate based on the representation dated 03.02.2026. For Petitioner :Ms.M.Athilakshmi For Respondents :Ms.S.Devasana ***** 1/4

O R D E R

The petitioner challenges the proceedings dated 09.01.2026 issued by the first respondent.

2. By the said proceedings, the petitioner's request to change the name of the father of her daughter from "Krishnakumar" to "Vellaisamy" came to be rejected. The rejection was based on the initial application submitted by Krishnakumar, wherein he had reported the birth of his daughter, namely, V. Mahalakshmi, and based on the said information, the birth certificate was issued mentioning the name of the father as "Krishnakumar".

3. The petitioner has produced the Aadhaar Card, PAN Card, and other school certificates to show that the name of the father is "Vellaisamy".

4. In view of Rule 11 of the Tamil Nadu Registration of Births and Deaths Rules, 2002, if it is reported to the Registrar that a clerical or 2/4

formal error has been made in the register, or if such error is otherwise noticed, the Registrar shall enquire into the matter and, if satisfied, correct the error as provided under Section 15 of the Act. In the present case, the error sought to be corrected is not clerical or formal, but a substantial change, as the petitioner seeks to substitute the name of the father in the birth certificate from "Krishnakumar" to "Vellaisamy". Therefore, the appropriate remedy for the petitioner is to approach the jurisdictional Civil Court seeking a declaration.

5. In the light of the above, the writ petition is disposed of, granting liberty to the petitioner to approach the jurisdictional Civil Court for appropriate relief. In the event the petitioner succeeds, the respondent shall carry out the necessary correction in the birth certificate in accordance with law.

6. There shall be no order as to costs.

Index :Yes / No 08.04.2026 Internet :Yes / No NCC :Yes / No cmr 3/4

HEMANT CHANDANGOUDAR, J.

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