S KARNAN Vs. COMMISSIONER CORPORATION OF MADURAI AND THE REGISTRAR OF BIRTHS AND DEATHS MADURAI CORPORATION

JUDGEMENT

(1.) The Petitioner, who is the grandfather, has come to the Court for a direction to incorporate the name of grand daughter in the birth certificate as found in the Gazette notification, dated 05.08.2009.

(2.) According to the Petitioner, the Petitioner's grand daughter was born on 18.02.2007 at Sabitha Sridharan Hospital, Kodikulam, Madurai - 7. The grand daughter was originally named as S. Sarayu and the birth certificate also stand in the name of S. Sarayu and the same was registered as early as 26.02.2007. Subsequently, due to family reasons, they have altered the name as S. Sarayu Kamalini. Thereafter, they approached the second Respondent to change the name in the birth certificate as S. Sarayu Kamalini, as the period of one year lapsed, the second Respondent replied that no amendment in the birth certificate could be made. It is also pointed out that the change in name has been duly published in the Gazette notification, dated 05.08.2009 and the same has also been produced.

(3.) According to the Petitioner, the passport has been obtained in favour of the grand daughter in the changed name as S. Sharayu Kamalini as per the Gazette notification. Now, the grand daughter and the parents are in Emirates and when they applied to the School for admission, the passport name and the birth certificate name differs and therefore, they find difficult in the admission. Hence, they made a representation, on 03.02.2011, to the second Respondent stating that in the birth certificate also, the name has to be incorporated as found in the Gazette notification, since it has not been incorporated, the Petitioner has come forward with the Writ of Mandamus directing the second Respondent to incorporate the name of the Petitioner's grand daughter as S. Sharayyu Kamalini in the birth register/certificate as published in the Gazette notification, dated 05.08.2009, instead of S. Sarayu.