Muthukumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2024

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Muthukumar ... Petitioner Vs.

1.The District Collector, Collectorate, Thoothukudi, Thoothukudi District.

2.The Commissioner, Thoothukudi Corporation, Thoothukudi District.

3.The Registrar, The Birth and Deaths Registration, Thoothukudi Corporation, Thoothukudi.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to change the name and gender of the petitioner's child Srivalli as Sridhar and sex Male in the birth certificate registered No.2763/2007/09 dated 12.06.2007 issued by the 3rd respondent by way of considering the petitioner's representation dated 07.08.2024.

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For Petitioner : Mr.S.Satheesh Kumar For R1 to R3 : Mr.R.Gowrishankar Standing Counsel

O R D E R

This writ petition has been filed to direct the 3rd respondent to change the name and gender of the petitioner's child Srivalli as Sridhar and sex Male in the birth certificate registered No.2763/2007/09 dated 12.06.2007 issued by the 3rd respondent by way of considering the petitioner's representation dated 07.08.2024.

2. By consent of both parties, this writ petition is taken up for disposal at the admission stage itself.

3. Heard both sides and perused the materials available on record.

4. It is the case of the petitioner that the petitioner's minor child one Srivalli was reared as female unknowingly. However, actually the child was a male child. This has also been confirmed in a medical examination conducted by the Hospital authority of the Tirunelveli 2/5

Government Medical College Hospital. Therefore, now the name of the child mentioned as female in the birth certificate has to be changed as male. In this regard, on 07.08.2024, the petitioner has given a representation to change the name of the child as Sridhar instead of Srivalli and Gender as Male. Since the said representation is not considered so far, the petitioner is before this Court.

5. On perusal of the letters and particularly the medical certificate issued by the Tamilnadu Medical Board attached in the typeset, it is certified by the Doctor to the effect that the child Srivalli is reared as female unknowingly and on examination of the above child, it is found to be 'Phenotypically and Genotypically male' which was confirmed in the clinical examination and certificate also issued in this regard.

6. In such view of the matter, the 3rd respondent shall consider the representation of the petitioner dated 07.08.2024 for effecting necessary entries to mention the child as 'male' in the birth and death registers. The said exercise shall be done within a period of one month from the date of receipt of a copy of this order. 3/5

7. With the above direction, this writ petition is disposed of. No Costs.

21.08.2024 NCC : Yes / No Index : Yes / No PJL To 1.The District Collector, Collectorate, Thoothukudi, Thoothukudi District.

2.The Commissioner, Thoothukudi Corporation, Thoothukudi District.

3.The Registrar, The Birth and Deaths Registration, Thoothukudi Corporation, Thoothukudi.

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N.SATHISH KUMAR , J.

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