Petitioner sought writ jurisdiction to correct father's name and initials in a birth certificate, alleging clerical error. Court refused to intervene on merits, holding factual disputes require civil trial.
Writ Petition dismissed; petitioner directed to approach competent Civil Court.
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W.P(MD)No.18211 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2021 CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD)No.18211 of 2021 and
W.M.P(MD).No.15049 of 2021
Mrs.Vidhya ... Petitioner
Vs.
1.The Commissioner, Madurai Corporation, Madurai-20.
2.The Assistant City Welfare Officer, Madurai Corporation, Madurai-20. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the second respondent in Letter No.Mapa3/002897/2021 dated 25.02.2021 and quash the same as arbitrary and illegal and consequently directing the respondents to make necessary corrections in the Birth Certificate of petitioner's son P.Prathiknan registered under Registration No.590/2007/01 dated 28.08.2007 by changing the initial of Prathiknan as P.Prathiknan instead of C.Prathiknan and the name of the father as Prem Anand instead of Chandrasekar and issue a fresh Birth Certificate after recording necessary corrections in the Birth Register pertaining to the birth of the petitioner's son.
For Petitioner : Mr.R.Aravindan For Respondents : Mr.P.Athimoola Pandian
ORDER
This is a Writ Petition in which, unfortunately, this Court cannot pass any orders. The Writ Petition has been filed by Mrs.Vidhya, wife of Prem Anand aged about 30 years. She stated that her son P.Prathiknan was born on 24.08.2007 in a hospital at Madurai. Birth Certificate had been issued immediately thereafter, wherein, the name of the petitioner was given as r.tpj;ah and the name of the father was given as nrh.re;jpuNrfH. It is clear that the name of the petitioner followed the name of her husband. Thereafter, the petitioner has sought the name of the father of her son to be changed to Prem Anand. In this regard, representations have been given and the respondents / the Commissioner, Madurai Corporation and the Assistant City Welfare Officer, Madurai Corporation have rejected to carry out such amendments.
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W.P(MD)No.18211 of 2021
Assistant Registrar (AE)
// True Copy //
Lm/Nsr
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Commissioner, Madurai Corporation, Madurai-20.
2.The Assistant City Welfare Officer, Madurai Corporation, Madurai-20.
W.P(MD)No.18211 of 2021 10.11.2021 ps(CO) KB(01.12.2021) 2P 3C
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2 issues framed by the court
Whether the Writ Court can direct correction of factual identity details in a birth certificate instead of adjudicating on evidence.
Whether the controversy regarding the name of the petitioner's husband requires determination by a Civil Court.
Mrs. Vidhya
The Commissioner, Madurai Corporation
The Assistant City Welfare Officer, Madurai Corporation
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
