M.LAKSHMI vs The commissioner,

Court
Madras High Court

WP No. 42096 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-10-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA
WP No. 42096 of 2026
CNR:{HCMA012408382026}
M.Lakshmi
W/o.K.Mohan,
No.16, 2nd Street,
Koyathoppu, Kalaignar Nagar,
Uthukottai Vilage and Taluk,
Thiruvallur District-602026
..Petitioner(s)
Vs
1. The commissioner,
Corporation of Chennai,
Ripon Buildings,
Chennai 600 003
2. The City Health Officer,
Corporation of Chennai,
Public Health Department B and D Unit
Ripon Buildings,
Chennai-600 003
..Respondent(s)
Prayer :- Writ petition filed under Article 226 of the Constitution of India
praying for issuance of a writ of Mandamus directing the 2nd respondent to
dispose of the representation dated 11.06.2026 made by petitioner to the said
respondents and pass such further or other orders as this Honourable Court.
For Petitioner(s): Dr. S.S. Swaminathan
For Respondent(s): Mr.S.Gopinathan, Standing Counsel
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WP No. 42096 of 2026
ORDER
This Writ Petition has been filed for the following reliefs:-
“directing the 2nd respondent to dispose of the representation dated
11.06.2026 made by petitioner to the said respondents and pass such further or
other orders as this Honourable Court.”
2. The petitioner would submit that, out of her first marriage, she gave
birth to a son, namely, S. Jayasuriya, on 04.04.2013 at 5.15 p.m. at the Women
and Children Hospital, Pantheon Road, Egmore, Chennai – 600 008. The birth
of the child was registered in the records of the second respondent under
Registration No. 2013/05/61A/003367/0, dated 19.04.2013, and the birth
certificate was issued on 19.06.2013. The petitioner would further submit that
her first husband's name, K. Saravanan, has been entered as the father's name in
her son's birth certificate and other records.
3. The petitioner would submit that, unfortunately, her first husband,
K.Saravanan, died on 21.01.2015 at Uthukottai Village, owing to prolonged
illness. The said fact is evidenced by the death certificate dated 28.01.2015
issued by the Executive Officer, Uthukottai Town Panchayat, Uthukottai,
Thiruvallur District.
4. The petitioner would further submit that, thereafter, she entered into a
second marriage with one K. Mohan, which was solemnised on 06.02.2017 at
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WP No. 42096 of 2026
her residence in Uthukottai. The said marriage was registered under Marriage
Certificate No. MC 69/2018, dated 09.03.2018, issued by the Office of the Sub-
Registrar, Uthukottai.
5. In the above circumstances, the petitioner would submit that she seeks
correction of the father's name in her son's birth certificate from K. Saravanan to
K. Mohan, so as to facilitate the corresponding correction in her son's school
th
records. The petitioner's son is due to appear for his 10 Board Examinations
next year, and the school authorities have instructed her to obtain the necessary
correction in his birth certificate and produce the same before the school.
6. The petitioner would submit that she submitted a representation dated
11.06.2026 to the respondents, requesting them to carry out the necessary
correction in the birth certificate of her son, S. Jayasuriya. Though the said
representation was duly received by the respondents, no action has been taken
on the same to date. Hence, the present Writ Petition has been filed.
7. Heard the learned counsel on either side and perused the records.
8. This Court had occasion to deal with a similar issue in O.P. No. 103 of
2020, wherein this Court held as follows in paragraphs 12, 13, 14 and 15:-
“12. The registration of the births is governed by the provisions of the
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WP No. 42096 of 2026
Registration of Births and Deaths Act, 1969. Sections 8, 9 and 10 mandates
that the information of the births and deaths be given to the Authorities by the
persons listed in Section 8 to 10 of the Act. The Act also makes provision for a
delayed registration and the procedure is encapsulated in Section 13 of the Act.
Section 15 talks about the circumstances under which an entry in the register of
births and deaths can be corrected or cancelled. This Section would provide
that a correction or cancellation of the entry in the register of births and deaths
could be made in the following circumstances:
(a) When the entry is erroneous in form or substance; and
(b) The entry has been fraudulently or improperly made.
On the occurrence of the above, the application could be made to the
Authorities seeking correction or cancellation by giving the reasons. The said
Section further provides that there shall be no alteration to the original entry
and the correction can only be made in the margin with the Authorities signing
the same. Therefore, from a reading of Section 15 it is clear that the original
entry cannot be corrected / deleted and the incorporation of the new details can
be made only in the margin.
13. The State of Tamil Nadu in pursuance of the powers vested under
Section 30 of the Registration of Births and Deaths Act, 1969 has notified the
Tamil Nadu Registration of Births and Deaths Amended Rules called the Tamil
Nadu Registration of Births and Deaths Rules, 2000. This amendment is
pursuant to the circular of the Central Government dated 12.03.2012. The
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WP No. 42096 of 2026
Central Government in its circular dated 12.03.2012 of the Ministry of Home
Affairs has provided as follows in Clause 4:
"4.Form 1-A shall form part of the respective State Rules and the
necessary permission of the Central Government to amend Rule 5 (1) is hereby
granted under Section 30(1) of the RBD Act, 1969. The existing Rule 5(1)
under Section 8 shall be replaced with the following:
5(1). Form, etc. for giving information of births and deaths --(1) The
information required to be given to the Registrar under Section 8 or Section 9,
as the case may be, shall be in form Nos.1, 1-A, 2 and 3 for the Registration of a
birth, birth of an adopted child, death and still birth respectively, hereinafter to
be collectively called the reporting forms. Information if given orally shall be
entered by the Registrar in the appropriate reporting forms and the
signature/thumb impression of the informant obtained."
14. It is in keeping with this circular that the State of Tamil Nadu had
incorporated the amendment to its rules. Rule 5 therein has been amended to
incorporate adoption. Rule 5 would read as follows:
"5. Form for giving Information of births and deaths: (1) The information
required to be given to the Registrar under section 8 or section 9, as the case
may be, shall be in 2 [Forms Nos.1, [1A]3 ,2 and 3] 2 for the Registration of a
birth, adoption of child, death and still birth respectively, herein after to be
collectively called the reporting forms. Information, if given orally shall be
entered by the Registrar in the appropriate reporting form and the signature or
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WP No. 42096 of 2026
thumb impression of the informant obtained. (2) The part of the reporting form
containing legal information shall be called as “Legal Part” and the part
containing statistical information shall be called as “Statistical Part”. (3) The
information referred to in sub-rule (1) shall be given within twenty one days
from the date of birth, death or still birth."
It is under this amendment rules the Adoption has been incorporated for
the 1st time for registering births.
15. Therefore, in the case of adoption the form which is prescribed is
Form 1-A. Serial Nos.4 and 5 in the said form relates to the name of the mother
and father respectively. Serial Nos.7 and 8 relates to the name of the adoptive
mother and the adoptive father. Therefore, the request by the petitioners to
delete the name of the biological / natural father from the original birth
certificate is legally not sustainable particularly when the rules clearly provides
for incorporating the name of the adoptive parents separately in Column Nos. 7
and 8 as adoptive parents and not as the natural parents.”
9. Ultimately, this Court held as follows in paragraph 21:-
“21. In the instant case, the biological father is no more and therefore it
cannot be said that he severed his ties with his daughter, minor Sahanaa. The
biological / natural mother, namely, the 2nd petitioner has given her consent for
the 1st petitioner stepping into the shoes of the father by filing this petition.
However, this Court cannot permit the substitution of the name of the 1st
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WP No. 42096 of 2026
petitioner as the biological / natural father of the minor Sahanaa. Taking into
consideration the amendment that has been brought about to the Tamil Nadu
Registration of Births and Deaths Rules, 2000, this Court directs the Authorities
to issue the petitioners with a birth certificate as contained in Form 1-A of the
Rules by effecting entries in column Nos.6, 7, 8, 9 and 10. In all other respects
the original birth certificate issued to the minor Sahanaa at the time of her birth
shall remain unaltered.”
10. In view of the above, this Writ is disposed of with the following
directions:-
(i) The name of the biological /natural father of the petitioner’s son shall
not be substituted.
(ii) The authorities shall issue the petitioner with the Birth Certificate of
her son contained in Form 1-A Tamil Nadu Registration of Births and Deaths
Rules, 2000 by effecting entries in column Nos. 6, 7, 8, 9 and 10. In all other
respects the original Birth Certificate issued to the petitioner’s son remain
unaltered.
10. There shall be no order as to costs.
26-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
SHR
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WP No. 42096 of 2026
P.T.ASHA J.
SHR
To
1. The commissioner,
Corporation of Chennai,
Ripon Buildings,
Chennai 600 003
2. The City Health Officer,
Corporation of Chennai,
Public Health Department B and D Unit
Ripon Buildings,
Chennai-600 003
WP No. 42096 of 2026
26-10-2026
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