T.R.Krishnamoorthy Vs The Commissioner

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 18.06.2025 and to issue birth certificate of the petitioner's daughter with name of Sujeetha T.K. To the petitioners within stipulated time may be fixed by this Court.

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For Petitioners : Mr.T.R.Subramanian

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For Respondent : Mr.Sivabalan Standing Counsel

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.19214 of 2025

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ORDER

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This writ petition has been filed for a writ of Mandamus to direct the respondent to consider the petitioners' representation dated 18.06.2025 and to issue

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birth certificate of the petitioners' daughter with name of Sujeetha T.K. to the petitioners.

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(*)2. The petitioners have approached this Court for including the name of their Daughter, namely, Sujeetha T.K. in the Birth Certificate. The petitioner's daughter was born on 03.02.1987. At the time of birth, although a birth certificate has been obtained giving the details of the petitioners as the biological parents, the name of the child has not been entered in the birth certificate issued by the

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Corporation of Madurai.

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3.The respondent has declined to consider the petitioner's representation, dated 18.06.2025 in the light of the proceedings of the Director of Public Health and Preventive Medicine and Chief Registrar of Births and Deaths dated 06.04.2024 bearing reference R.No.8732/SBHI-I/S1/2014, wherein it has been clarified as under:

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“ Kind attention is invited to the reference 2nd cited, wherein it is Informed that, as per the Govt. letter & Government Orders cited above, necessary amendment to Tamil Nadu Registration of Birth and Death Rules 2000, extending the period of 5 years l.e., 01.01.2020 to 31.12.2024 for Inclusion of the name in the birth register, have been issued for all cases, where 15 years have

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W.P(MD)No.19214 of 2025

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been lapsed from the date of Registration of Births.

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Till date, many petitions are received from the districts, seeking clarifications on Inclusion of name in the birth's certificate, where the births have been registered before 01.01.2000 and also for all the cases, where 15 years have been lapsed from the date of registration of births.

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In view of the above, it is requested that, to take necessary steps:

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? To Create necessary awareness among General public for Including the names in Birth records, by displaying the above Information in all Registration units.

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? Issue appropriate instructions to all authority concerned of the districts, pertaining to Education department also, to create awareness among the School Children on Birth Registration and Name inclusion in Birth certificates.

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? To discuss the importance of Birth Registration and inclusion of name as an agenda during the monthly IDC Meeting.

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? Messages on importance of Birth Registration with Child name Registration may be displayed in public places, PHCs and Govt. Medical Institutions.

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> To inform all the Birth and Death Registration functionaries to give wide publicity and awareness among public to include their name in the birth record, which have been registered without name.

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Further, as Informed earller, wide publicity for creating awareness among the public on the extension of time provided for inclusion of name in the Birth Record for the above mentioned cases, shall be given by the officials concerned, as the Registrar General India, New Delhi have already clarified that it would not be possible to grant such extension beyond 31.12.2024 again and again. Action taken report towards compliance of this communication, shall be sent to this office.

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W.P(MD)No.19214 of 2025

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The above directions are issued under Section 4(4) of the Registration of Births and Deaths Act, 1969.”

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In my view, there is no justification for not making the suitable correction/entry in the birth certificate of the petitioners' daughter namely, Sujeetha T.K. based on the communication of the Director of Public Health and Preventive Medicine and Chief Registrar of Births and Deaths dated 06.04.2024 bearing reference R.No.8732/SBHI-I/S1/2014.

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Considering the same, there shall be a direction to the respondent to incorporate the name of the petitioners' daughter in the birth certificate and issue fresh birth certificate to the petitioners within a period of six weeks from the date of receipt of a copy of this order.

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