Madras High Court
P.Logeshwaran vs The Commissioner on 16 June, 2025
WP.No.347 of 2025
DATED: 16.06-2025
CORAM
THE HONOURABLE MRS JUSTICE N.MALA
WP.No.347 of 2025
P.Logeshwaran,
Rep. by his Power of Attorney, Mr.C.Manoharan,
No.15/6A, Kalyan Nagar, 4th Cross Street,
West Tambaram, Chennai -45. …. Petitioner
Vs
1.The Commissioner,
Tambaram City Municipal Corporation, No.1
Muthuranga Mudali Street,
West Tambaram, Chennai - 600 045.
2.The Assistant Commissioner,
Tambaram City Municipal Corporation,
Zone-5, No. 55/10, Gengai Amman Kovil,
Erikkarai Street, East Tambaram,
Chennai - 600 059.
3.Sanitary Officer,
Birth and Death,
Tambaram City Municipal Corporation,
Zone-5, No. 55/10, Gengai Amman Kovil,
Erikkarai Street, East Tambaram,
Chennai - 600 059. ...Respondents
PRAYER Writ Petition filed under Article 226 of the Constitution of India,
praying for the issuance of a direction in the nature of Writ of Mandamus,
1/8
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WP.No.347 of 2025
directing the Respondents to carry out the new name of the Petitioner's Minor
son as L.Nimalan instead of L.M.Nimal Aadhvik, consequently issue a fresh
birth certificate incorporating the name L.Nimalan, within a time frame fixed by
this Court based upon the representation of the Petitioner dated 30.07.2024 and
05.09.2024 and pass such further orders.
For Petitioner: Mr.N.Sivaprakash
For Respondents: Mr.P.Srinivas,
Standing Counsel
for R1 & R2
ORDER
This writ petition has been filed for issuance of a Writ of Mandamus,
directing the Respondents to carry out the new name of the Petitioner's Minor
son as L.Nimalan instead of L.M.Nimal Aadhvik and consequentially issue a
fresh birth certificate incorporating the name L.Nimalan, within a time frame
fixed by this Court based upon the representation of the Petitioner dated
30.07.2024 and 05.09.2024.
2. The petitioner's son-in-law appointed the petitioner as his power
agent under a power of attorney deed dated 24.09.2016. The Petitioner has a
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grandson originally named L.M.Nimal Aadhvik, through his daughter, born on
03.01.2016. In 2024, the child’s name was officially changed to L. Nimalan and
published in the Tamil Nadu Government Gazette, dated 12.06.2024. A request
was made through a letter dated 30.07.2024, to the first Respondent for name
correction in the Birth Certificate, but no action was taken. Subsequently, the
Petitioner approached the first and second respondents in person and submitted
another representation on 05.09.2024 with necessary documents. Despite these
efforts, the authorities did not act upon the request. The petitioner states that the
delay in effecting the name change has affected the renewal of the child’s Visa
as the family resides in the United States.
3. The petitioner states that the respondents, being statutory authorities,
are obligated to act upon the petitioner's representations within a reasonable
time. The inaction is arbitrary and contrary to the directions issued in similar
case in W.P.(MD) No.3855 of 2022, which followed the Division Bench
judgment in W.A.No.670 of 2016. Despite proper procedure being followed and
documents being submitted, the authorities failed to update the name in the
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Birth Certificate, causing serious practical difficulties. Hence, this case.
4. A counter affidavit was filed by respondents 2 and 3 dated 09.01.2025
and the relevant portion is extracted hereunder:
“7. It is for the individual concerned to effect the changes in
the documents that are prepared or issued after the Publication in the
Government Gazette and the said change cannot be imposed upon
the Birth Records that were entered at the time of the Birth. It is for
the concerned person to use the Gazette Publication as the proof for
the change in the name and this change carried out as per their
unilateral wishes cannot be entered on prior records, namely the
Birth Register. If such changes are allowed, then the sanctity of the
Birth Register will be affected and any person who has had a change
of mind or some one in order to escape the consequences of any
eventuality which can be traced to him with the name can simply
change their name by publication in the Gazette and change the
entry in the Birth register and frustrate the rights of others and
escape any liability that may be traced to them by making changes to
the Birth register.”
6. Heard both sides and perused the materials available on record.
7. The issue involved in the present writ petition is squarely covered by
the judgment of the Division Bench of this Court in W.A.No.670 of 2016 (The
Commissioner, The Pallavaram Municipality Vs. S.K.Syed Rafiullah and
Ors.) dated 10.06.2016, reported in MANU/TN/1628/2016. The relevant
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portion of the judgment is extracted hereunder:-
“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 above said 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.
8. In view of the above facts and circumstances of the case and the ratio
laid down by this Court, the respondent is directed to carry out the new
name of the Petitioner’s Minor son as L.Nimalan instead of L.M.Nimal
Aadhvik, based upon the representation of the Petitioner dated 30.07.2024
and 05.09.2024 within a period of four (4) weeks from the date of receipt of
a copy of this order. It is needless to state that other entries in the birth
certificate shall not be changed.
9. In the result, the writ petition stands disposed of with the above
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observations and direction. No costs.
16.06.2025
dpq/cda
Index : Yes /No
Speaking Order : Yes/No
1.The Commissioner,
Tambaram City Municipal Corporation,
No.1 Muthuranga Mudali Street,
West Tambaram, Chennai - 600 045.
2.The Assistant Commissioner,
Tambaram City Municipal Corporation,
Zone-5, No. 55/10, Gengai Amman Kovil,
Erikkarai Street, East Tambaram,
Chennai - 600 059.
3.Sanitary Officer,
Birth and Death,
Tambaram City Municipal Corporation,
Zone-5, No. 55/10, Gengai Amman Kovil,
Erikkarai Street, East Tambaram,
Chennai - 600 059.
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N. MALA, J.
dpq/cda
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16.06.2025
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