S.Thennarasi v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.09.2025
CORAM:
THE HONOURABLE Ms.JUSTICE P.T.ASHA S.Thennarasi ... Petitioner -vs1.The Commissioner, Madurai Corporation, Madurai.
2.The Registrar of Birth and Death, Madurai Corporation Ward-56, Madurai.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to change the name of the petitioner's daughter from "L.Aathyasri" to L.t.Aathavi" in the birth certificate of the petitioner's daughter, based on the Gazette Publication of Government of Tamil nadu vide No.13321 dated 25.06.2025 by considering the petitioner's representation dated 14.08.2025 within the stipulated time fixed by this Court.
For Petitioner :
Mr.K.Malaimaran For Respondents :
Mr.P.Anbunidhi Standing Counsel
ORDER
This writ petition has been filed seeking for issuance of Writ of Mandamus directing the respondents to change the name of the petitioner's daughter from "L.Aathyasri" to L.T.Aathavi" in the birth certificate of the petitioner's daughter, based on the Gazette Publication of Government of Tamil Nadu vide No.13321 dated 25.06.2025 by considering the petitioner's representation dated 14.08.2025.
2. Heard the learned counsel appearing for the petitioner and Mr.P.Anbunidhi, learned Standing Counsel, who takes notice for the respondents. By consent of both parties, this writ petition is taken up for final disposal.
3. It is the case of the petitioner that the name of his daughter has been wrongly mentioned as 'L.Aathyasri', instead of 'L.T.Aathavi'. To rectify the said error, he effected the Gazette notification on 25.06.2025. Thereafter, he approached the respondents and submitted representation requesting to correct
the said error in his daughter's birth certificate, however no action has been taken so far. Hence, the petitioner is before this Court by filing the above writ petition.
4. The learned Standing Counsel appearing for the respondents has vehemently opposed the petitioner's request pointing out the circular issued by the Director of Public Health and Preventive Medicine, dated 13.08.2001, wherein it has been stated as follows:
"3.Name once entered should not be changed totally under normal circumstances but, spelling corrections etc., may be allowed."
5. This has been once again reiterated on 08.01.2002 in R.No. 182981/SBHI/S1/2001, which is the communication addressed by the Director of Public Health and Preventive Medicine, Chennai, to the Commissioner, Komarapalayam Municipality, Namakkal District. He submitted that the request cannot be acceded to and has been rightly rejected.
6. The learned counsel for the petitioner had relied on the judgment of the Coordinate Bench, dated 17.12.2024, in W.P(MD).No.30366 of 2024, wherein this Court has considered the similar request. The learned Judge relying upon the provisions of Section 11 of the Tamil Nadu Registration of Births and Deaths Rules, 2000 (hereinafter referred to as 'said Rules' for brevity), has held in favour of the petitioner therein. Rule 11 of the said Rules deals with the correction or cancellation of entry in respect of the registration of birth and death under Section 15.
7. Rule 11(4) of the of the said Rule reads as follows: "If any person asserts that any entry in the register of births and deaths is erroneous in substance, the Registrar may correct the entry in the manner prescribed under section 15 upon production by that person a declaration setting forth the nature of the error and true facts of the case made by two credible persons having knowledge of the facts of the case "
8. In view of the above, this Court is of the view that the power is given to the Registrar to correct an entry in the manner prescribed under Section 15 of the said Act. In the instant case, the petitioner's daughter is not even a year old
having been born on 08.11.2024. Her correct name of 'L.T.Aathavi' has been wrongly entered as 'L.Aathyasri' in her birth certificate. The petitioner has also issued necessary gazette notification on 25.06.2025 intimating the correction of his daughter's name. Therefore, considering the gazette notification and the provisions of Rule 11(4) of the said Rules, this Writ Petition is allowed. The respondents are directed to effect the correction within a period of two weeks from the date of receipt of a copy of this order. No costs. 23.09.2025 NCC : Yes/No Index : Yes/No Rmk To 1.The Commissioner, Madurai Corporation, Madurai.
2.The Registrar of Birth and Death, Madurai Corporation Ward-56, Madurai.
P.T.ASHA, J.
Rmk 23.09.2025