Madras High Court
R.Sivaranjani vs The Tahsildar on 30 May, 2024
W.P.No.13669 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.05.2024
CORAM:
THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN
W.P.No.13669 of 2024
R.Sivaranjani
W/o.Anantha Krishnan ...Petitioner
* Name of the petitioner is amended
vide order dated 30.05.2024 in
W.M.P.No.15681 of 2024 in W.P.No.13669 of 2024
Vs
1. The Tahsildar,
Thasildar Office,
Madhuranthakam Taluk,
Chengalpattu District.
2. The Registrar of Birth and Death,
Vaiyur Village Panchayat, Maduranthagam Taluk.
Chengalpattu District. ...Respondents
Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus, directing the first respondent to take the action
towards the representation made on 02.05.2024 by the petitioner and
issue the new Birth Certificate of the Shakshi by changing her father's
name C.P.Karthick Chandran to G.V.Anantha Krishnan.
1/5
https://www.mhc.tn.gov.in/judis
W.P.No.13669 of 2024
For Petitioner : Mr.G.Srinivasan
For Respondents : Mr.G.Krishna Raja,
Additional Government Pleader
ORDER
The writ petitioner seeks for a mandamus to direct the respondents
to issue the Birth Certificate of her child viz., Shakshi by changing the
name of her father from C.P.Karthick Chandran to G.V.Anantha
Krishnan.
2. The case of the petitioner is that she had married to one
C.P.Karthick Chandran on 01.12.2017 and from the wedlock, a child was
born by the name Shakshi on 11.09.2018. Since the petitioner and
C.P.Karthick Chandran developed matrimonial differences, a divorce
petition was filed in F.C.O.P.No.250 of 2023 on the file of the learned
Family Court, Chengalpattu and that ended in divorce by mutual consent
on 11.08.2023. By virtue of the said decree, the husband has given up his
claim with respect to the child and has not sought for custodial rights.
https://www.mhc.tn.gov.in/judis
3. Subsequently, the petitioner married one G.V.Anantha Krishnan
on 27.10.2023. The said G.V.Anantha Krishnan is taking care of the child.
Since the Birth Certificate of the child Shakshi reflects the name of
C.P.Karthick Chandran, the petitioner has filed an application seeking for
correction of the name of the father from C.P.Karthick Chandran to
G.V.Anantha Krishnan. Since it was not considered, the present writ
petition has come to be filed.
4. The petitioner has given a representation on 02.05.2024 to the
first respondent seeking for alteration in the Birth Certificate to
incorporate the name of the father as G.V.Anantha Krishnan. A view has
been taken by this Court in W.P.(MD)No.30055 of 2023 that such a
correction is permissible.
5. In the light of the position of law laid down by this Court, the
respondents are directed to consider the representation of the petitioner
dated 02.05.2024 and pass orders by taking into consideration the
judgment of this Court dated 27.02.2024 in W.P.(MD)No.30055 of 2023,
within a period of eight weeks from the date of receipt of a copy of this
order.
https://www.mhc.tn.gov.in/judis
With the above directions, the Writ Petition is disposed of. No
costs.
30.05.2024
Index:Yes
Non-speaking order
Neutral Citation : No
ssa / mk
To
1. The Tahsildar,
Thasildar Office,
Madhuranthakam Taluk,
Chengalpattu District.
2. The Registrar of Birth and Death,
Vaiyur Village Panchayat, Maduranthagam Taluk.
Chengalpattu District.
https://www.mhc.tn.gov.in/judis
V.LAKSHMINARAYANAN.J.,
mk
30.05.2024
(2/2)
https://www.mhc.tn.gov.in/judis
