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Madras High CourtWP(MD)/30611/2025allowed

Sivagami Poornakirubeswaran v. The Commissioner

2025-12-11Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2025

CORAM:

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD).No.30611 of 2025 Sivagami Poornakirubeswaran, W/o.Govind, Through his agent, S.Pooranakirubeswaran ... Petitioner Vs.

1. The Commissioner, Sivakasi Municipality, Sivakasi, Virudhunagar District.

2. The Registrar of Birth and Death, Sivakasi Municipality, Sivakasi, Virudhunagar District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 1st and 2nd respondents to enter the petitioners daughters name as Sivagami Poornakirubeswaran (instead of the erstwhile name Premalatha) as per the publication made at Page -315 of the Tamil Nadu Government Gazette No. 9, Part IV Section 4 dated 05.03.2025 in the register of Births kept by them and to issue Birth Certificate in the new name of Sivagami Poornakirubeswaran and also by correcting the spelling mistake in 1/6

petitioner name as Poornakirubeswaran within a time frame fixed by Court and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice. For Petitioner : Mr.R.Venkadesh Kumar For R1 : Mr.S.Devasena Standing Counsel

ORDER

The present writ petition has been filed seeking a mandamus as against the respondents 1 and 2 herein to incorporate the name of Sivagami Poornakirubeswaran in the place in Premalatha in the birth certificate and issue a fresh birth certificate.

2. The petitioner herein was initially issued with a birth certificate under the name and style of Premalatha. The said certificate was issued on 29.06.2021. The petitioner has changed her name from Premalatha to P.Sivagami by way of a Gazette publication dated 27.12.1999. 2/6

3. Again the petitioner has changed her name from P.Sivagami to Sivagami Poornakirubeswaran by way of Gazette Publication dated 24.02.2025. The passport of the petitioner reflects the name as Sivagami Poornakirubeswaran. Therefore, the petitioner has approached this Court seeking a direction as against both the respondents to issue fresh birth certificate incorporating the petitioner's daughter's name as Sivagami Poornakirubeswaran.

4. The learned counsel appearing for the petitioner submits that there is a spelling mistake in the birth certificate, i.e., her father name is spelled as Pooranakribeswaran, however, the correct name is Poornakirubeswaram.

5. The learned Standing Counsel appearing for the 1st respondent submits that the petitioner is often changing her name by way of Gazette Publication and therefore, it is very difficult to issue a fresh birth certificate.

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6. That apart, the petitioner has not approached the authorities within the time frame fixed under the rules for alternate name.

7. Considering the fact that the petitioner's passport stands in the name of Sivagami Poornakirubeswaran, in order to avoid any dispute, the respondents herein are directed to issue a fresh birth certificate incorporating the name of the petitioner as Sivagami Poornakirubeswaran and further directed to change the petitioner's father's name as Poornakirubeswaram in the place of Pooranakribeswaran. The said exercise shall be completed within a period of 6 weeks from the date of receipt of a copy of this order.

8. With the above deliberations, the writ petition stands allowed. No costs.

11.12.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To

1. The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai - 625 002.

2. The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

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R.VIJAYAKUMAR , J.

rgm W.P.(MD).No.30611 of 2025 11.12.2025 6/6