WP/42096/2026 of M.LAKSHMI Vs The commissioner on 26 October 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 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 records. The petitioner's son is due to appear for his 10th 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

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

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 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 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

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