S. Karnan vs The Commissioner Corporation of Madurai and The Registrar of Births and Deaths Madurai corporation

B. Rajendran, J.—The Petitioner, who is the grandfather, has come to the Court for a direction to incorporate the name of grand daughter in the birth certificate as found in the Gazette notification, dated 05.08.2009.

According to the Petitioner, the Petitioner''s grand daughter was born on 18.02.2007 at Sabitha Sridharan Hospital, Kodikulam, Madurai - 7. The grand daughter was originally named as S. Sarayu and the birth certificate also stand in the name of S. Sarayu and the same was registered as early as 26.02.2007. Subsequently, due to family reasons, they have altered the name as S. Sarayu Kamalini. Thereafter, they approached the second Respondent to change the name in the birth certificate as S. Sarayu Kamalini, as the period of one year lapsed, the second Respondent replied that no amendment in the birth certificate could be made. It is also pointed out that the change in name has been duly published in the Gazette notification, dated 05.08.2009 and the same has also been produced.

According to the Petitioner, the passport has been obtained in favour of the grand daughter in the changed name as S. Sharayu Kamalini as per the Gazette notification. Now, the grand daughter and the parents are in Emirates and when they applied to the School for admission, the passport name and the birth certificate name differs and therefore, they find difficult in the admission. Hence, they made a representation, on 03.02.2011, to the second Respondent stating that in the birth certificate also, the name has to be incorporated as found in the Gazette notification, since it has not been incorporated, the Petitioner has come forward with the Writ of Mandamus directing the second Respondent to incorporate the name of the Petitioner''s grand daughter as S. Sharayyu Kamalini in the birth register/certificate as published in the Gazette notification, dated 05.08.2009, instead of S. Sarayu.

On notice, the learned Counsel appearing for the Respondents would only contend that as per the circular, dated 18.07.2001 and 13.08.2001, the name once entered should not be changed totally under normal circumstances, but, spelling corrections, etc., may be allowed. Therefore, the contention of the Petitioner to change the name is not possible and they are not prepared to amend the same.

Heard both sides.

The only grievance of the Petitioner is that the grand daughter was originally named as S. Sarayu, but subsequently, name has been altered as S. Sharayu Kamalini and the change in name has been duly published in the Gazette notification and subsequent to the Gazette notification, the passport has been obtained in the revised name as S. Sharayu Kamalini. When they have applied to the School for admission, the passport name and the birth certificate name differs and therefore, they find it difficult in getting the admission. Hence, they are seeking permission to incorporate the name as amended and published in the Government Gazette notification and therefore, the authorities will not in any way be affected or prejudiced by incorporating the name. In this connection, the learned Counsel appearing for the Petitioner would reply upon the judgment of this Court made in W.P. (MD) No. 296 of 2007, dated 14.06.2007. The relevant paragraphs of the said judgment runs as follows:

It is a matter of fact that the claim of the Petitioner deserves to be considered since the name has been changed through the Gazette publication. Under the circumstances, by granting the relief sought for by the Petitioner in the Writ Petition to have his name changed in the school register, by effecting the necessary changes in the birth certificate, neither the Government nor the school authorities is going to have a serious prejudice caused to them considering the purpose of issuance of certificate as per the enactment.

Learned Counsel appearing for the Respondent submitted that there are not provision to effect the same. It is not necessary that the Act should contain Rule for every aspect, particularly in matters mere such amendments are not going into the root of the matter, when other things are satisfied namely, the date of birth, parents name etc., and Gazette Publication recording the change in the name of the child.

In the circumstances, the concerned authorities are hereby directed to effect the necessary change in the birth certificate as per the Tamil Nadu Gazette Notification and the school authority is also directed to carry out the necessary change thereon.

In an identical matter, this Court has categorically held that what was sought to be incorporated is only the name as found in the Government Gazette and there cannot be any difficulty at all. Therefore, this Court has already permitted the same in an identical matter. When this Court consider the objection made by the Respondents to include the name in the birth certificate, the Clause 4 and 5 are more important in the circular. It is very clearly stated in the circular dated 13.08.2001 that adding surname or caste name or any other identification details can also be made without changing the main name altered as entered. Therefore, the contention of the learned Counsel for the Respondent that only spelling mistakes could be allowed, is not correct, even surname could be incorporated here. In this case, the inclusion is for a surname and the main name still remains the same. There is an alteration in spelling in the main name, which is covered under Clause 3 of the circular, where the spelling can be amended. The original name is not altered and the surname or additional word name has now been incorporated as S. Sharayyu Kamalini, which has been published by the Government Gazette. Therefore, this alteration is definitely permitted, even as per the circular, dated 13.08.2001 under Clause 3 and 4 and following the earlier order of this Court in W.P.(MD). No. 296 of 2007 , dated 14.06.2007. The Writ Petition is allowed directing the authorities to incorporate the name as found in the Government Gazette notification in the birth Register and issue amended birth Certificate, within a period of one month from the date of receipt of a copy of this order.

With the above said direction, this Writ Petition is disposed of.