Madras High Court
Shankar vs / on 2 March, 2022
W.P.(MD)No.3855 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.3855 of 2022
Shankar ... Petitioner
/Vs./
The Commissioner,
Sankarankovil Municipality,
Sankarankovil,
Tenkasi District. ... Respondent
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Certiorarified Mandamus, calling for the
records, pertaining to the impugned orders, passed by this respondent
vide Na.Ka.No.2419/2021/H1, dated 20.10.2021, and thereby quash the
same as void and to carry out the new name as published in the Tamil
Nadu Government Gazette as “Shankar” instead of the existing name
“Sankaranarayanan” in the records maintained by this respondent under
Tamil Nadu Birth and Death Registration Rules, within a time frame
fixed by this Court.
For Petitioner : Mr.F.X.Eugene
For Respondent : Mr.P.Mahendran
Standing Counsel
1/8
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W.P.(MD)No.3855 of 2022
ORDER
This writ petition has been filed for challenging the order dated
20.10.2021 passed by the respondent rejecting the petitioner's request for
change of his name as “Shankar” instead of “Sankaranarayanan” in the
birth records.
2.According to the petitioner, he is presently living in United
States of America and in the year 2020, he has changed his name as
“Shankar” instead of “Sankaranarayanan”. It is his case that his change
of name has also been notified in the Tamil Nadu Government Gazette
dated 28.10.2020.
3.However, according to him, the Tamil Nadu Government Gazette
notification is not acceptable in United States of America, as the
authorities there are insisting for an order from the respondent
Municipality, under which the petitioner's change of name has been
recorded. The petitioner has submitted an application to the respondent
Municipality, under whose jurisdiction he was born, seeking for change
of his name as “Shankar” instead of “Sankaranarayanan” in their records.
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W.P.(MD)No.3855 of 2022
But, under the impugned order, the same has been rejected on the ground
that there is no provision under the Tamil Nadu Births and Deaths
Registration Rules, 2000, for changing the petitioner's name. Aggrieved
by the same, this writ petition has been filed.
4.Heard Mr.F.X.Eugene, learned Counsel for the writ petitioner
and Mr.P.Mahendran, learned Standing Counsel, who accepts notice on
behalf of the respondent.
5.The learned counsel appearing for the petitioner drew the
attention of this Court to the Judgment of the Division Bench of this
Court in the case of The Commissioner, the Pallavaram Municipality
vs. S.K.Syed Rafiullah and Others reported in 2016 (4) CTC 868.
Relying upon the said judgment, he would submit that the Division
Bench in the aforesaid Judgment, involving a similar case, directed the
Municipality to correct the change of name of the party in their records,
though the very same stand taken in the impugned order was also taken
in that case also.
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W.P.(MD)No.3855 of 2022
6.In particular, the learned counsel appearing for the petitioner
drew the attention of this Court to the paragraph Nos.2 and 3 of the
aforesaid Judgment of the Division Bench referred to supra, which read
as follows:
“2.Under Section 15 of the abovesaid Act,
what is contemplated is that if it is proved to the
satisfaction of the Registrar that any entry of a birth
or death in any register kept by him under the Act is
erroneous in form or substance, or has been
fraudulently or improperly made, he may, subject to
such rules as may be made by the State Government
with respect to the conditions on which and the
circumstances in which such entries may be
corrected or cancelled, correct the error or cancel
the entry by suitable entry in the margin, without
any alternation of the original entry, and shall sign
the marginal entry and add thereto the date of the
correction or cancellation. The above section
provides the procedure to be followed by the
Registrar on such application being made. He is
vested with the power to correct the error or cancel
the entry by suitable entry in the margin, without
any alternation of the original entry, and shall sign
the marginal entry and add thereto the date of the
correction or cancellation. It does not necessarily
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W.P.(MD)No.3855 of 2022
mean that the entry cannot be made by way of
alteration. What is contemplated is that in the place
of entries being made, on satisfaction of the
Registrar, he can only make a marginal entry and
not alter the original entry.
3. Anyhow, it is not even a question of change
or alteration of date of birth or death. It is only the
change of name of the minor child based on a
publication in the Government Gazette. Therefore,
the Officer concerned is duty bound to change the
name and issue the Birth Certificate afresh and it
will not be in violation of section 15 of the
abovesaid Act. As such, we do not find any merit in
the appeal filed by the Commissioner of Pallavaram
Municipality and the same is dismissed.
Accordingly, the writ appeal is dismissed. The
appellant-Commissioner of Pallavaram
Municipality is to do the needful as directed by the
learned Single Judge within a period of fifteen days
from today and issue the Birth Certificate afresh
after changing the name and retaining the same date
of birth as mentioned in the original entry. No costs.
The connected miscellaneous petition is also
dismissed.”
7.Therefore, by total non application of mind to the settled law as
laid down in the aforesaid decision of the Division Bench of this Court,
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W.P.(MD)No.3855 of 2022
the impugned order has been passed rejecting the petitioner's application
seeking for change of the petitioner's name from “Shankar” to
“Sankaranarayanan” in the birth records of the respondent. Therefore,
the impugned order has to be necessarily quashed and a direction is
issued to the respondent to carry out the change of the petitioner's name
from “Shankar” to “Sankaranarayanan” in the birth records of the
petitioner and re-issue a fresh birth certificate in the name of the
petitioner by disclosing the name of the petitioner as “Shankar” in place
of “Sankaranarayanan”.
8.Accordingly, the impugned order dated 20.10.2021 is hereby
quashed and the writ petition is allowed by directing the respondent to
carry out the new name of the petitioner as “Shankar” instead of
“Sankaranarayanan” in the birth certificate and thereafter issue a fresh
birth certificate in the name of “Shankar” to the petitioner within a period
of four (4) weeks from the date of receipt of a copy of this order. There
shall be no order as to costs.
02.03.2022
Index : Yes / No
Internet : Yes / No
sm
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.3855 of 2022
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
The Commissioner,
Sankarankovil Municipality,
Sankarankovil,
Tenkasi District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.3855 of 2022
ABDUL QUDDHOSE, J.
sm
order made in
W.P.(MD)No.3855 of 2022
Dated:
02.03.2022
https://www.mhc.tn.gov.in/judis
