Selvan P Vs The Director

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 respondent to take appropriate action acting upon the petitioners representation dated 21.04.2026 and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

¶15

1

¶16

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

¶17

W.P(MD)No.16342 of 2026

¶18

For Petitioner : Mr.S.Yogeswaran

¶19

For R1 to R3 : Mr.R.Parthiban Government Standing Counsel

¶20

ORDER

¶21

The writ petition is filed for a mandamus directing the respondents 1 and 2 to take appropriate action upon the petitioner's representation dated 21.04.2026

¶22

Heard Mr.S.Yogeswaran, learned counsel appearing for the

¶23

petitioner and Mr.R.Parthiban, learned Government Standing Counsel, who takes notice on behalf of R1 to R3.

¶24

Upon hearing the learned counsel appearing for the petitioner

¶25

and upon perusing the materials record of the case, it can be seen that the petitioner's wife, viz., the 4th respondent, is alleged to have become pregnant prior to the marriage. According to the petitioner, he married the 4th respondent only as a face saving measure and thereafter,

¶26

2

¶27

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

¶28

W.P(MD)No.16342 of 2026

¶29

permitted her to reside with him as his wife. The petitioner's grievance is that upon the birth of the child, his name ought not to have been entered as the father in the birth certificate.

¶30

On the face of it, such a prayer cannot be entertained by this Court. The Registrar of Births and Deaths cannot be expected to conduct a roving enquiry into matters relating to the paternity of a child. It would not be appropriate for the Registrar to undertake such an enquiry.

¶31

If the petitioner seeks to raise such serious allegations, it is always open to him to do so before the appropriate forum in accordance with law. So long as the petitioner admits the marriage, and the child was born during the subsistence of the marriage with his name having been entered in the birth certificate as the father, the Registrar cannot be directed to undertake any enquiry in that regard. Every fora will be slow to consider the request of the petitioner.

¶32

3

¶33

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

¶34

W.P(MD)No.16342 of 2026

¶35