Muthu Anna Subitha A v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :18.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY A.Muthu Anna Subitha ... Petitioner vs.

1.The District Registrar, The Registration of Birth and Death, Kanyakumari District, Nagercoil.

2. The Birth and Death Registrar, Kulasekharam Post, Kalkulam Taluk, Kanyakumari District

3. The Health Inspector cum Birth and Death Registrar, Kulasekharam, Kalkulam Taluk, Kanyakumari District.

...Respondents

(R3 is suo motu impleaded vide Court order dated 16.07.2024 in W.P.(MD)No.15864 of 2024).

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the 2nd respondent to issue second birth certificate to the petitioner's adopted son Shalom as T.Shalom and to replace the father and mother name as Thambi Raja Peter and Muthu Anna Subitha respectively as per Notification of Ministry of Women and Child Development, dated 23.09.2022.

1/4

For Petitioner : Mr.C.Sankar Prakash For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader *****

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the 2nd respondent to issue second birth certificate to the petitioner's adopted son Shalom as T.Shalom and to replace the father and mother name as Thambi Raja Peter and Muthu Anna Subitha respectively as per Notification of Ministry of Women and Child Development, dated 23.09.2022. 2.The petitioner is the adopted mother. The petitioner has adopted the son namely Shalom. While the son was born, his natural parents have obtained birth certificate. After adoption, the petitioner is seeking birth certificate by incorporating the adopted parents' name. The petitioner is having a proper adoption certificate also. Therefore, there is no impediment for issuing such certificate.

3.Therefore, this Court is directing the 3rd respondent to issue second birth certificate to the petitioner's adopted son Shalom as T.Shalom and replace the father and mother name as Thambi Raja Peter and Muthu Anna Subitha respectively as per Notification of Ministry of Women and Child 2/4

Development, dated 23.09.2022, within a period of four weeks from the dat eof receipt of a copy of this order.

4.With the above observations, this Writ Petition is allowed. There shall be no order as to costs.

18.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg Note: Issue order copy on 19.06.2025.

To:

1.The District Registrar, The Registration of Birth and Death, Kanyakumari District, Nagercoil.

2. The Birth and Death Registrar, Kulasekharam Post, Kalkulam Taluk, Kanyakumari District

3. The Health Inspector cum Birth and Death Registrar, Kulasekharam, Kalkulam Taluk, Kanyakumari District.

3/4

S.SRIMATHY , J.

Tmg ORDER MADE IN DATED :18.06.2025 4/4