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2015 DIGILAW 716 (MAD)

M. Kannan v. Director of Public Health and Preventive Medicine & Tamil Nadu Chief Registrar of Birth & Death Department of Public Health

2015-02-05

T.S.SIVAGNANAM

body2015
Judgment T.S. Sivagnanam, J. 1. By consent of the learned counsel on either side, the writ petition is taken up for final disposal. 2. Heard Mr.T.V.Suresh Kumar, learned Counsel appearing for the petitioners, Mr.S.Gunasekaran, learned Government Advocate, appearing for the first respondent and Mr.T.C.Gopalakrishnan, learned counsel appearing for the respondents 2 & 3. 3. The petitioner has come forward with this Writ Petition for issuance of writ of mandamus to direct the first respondent to change the petitioner's name and his wife name Mr.K.P.Suji in the birth register bearing registration NO.2014/07/091/000009/0 dated 26.3.2014, issued to the petitioner's adoptive child in the place of original parent. 4. The petitioner placed reliance on the Circular issued by the Registrar General, India, dated 12.03.2012, prescribing the procedure for changing the entries in the Birth Record for children taken on adoption. The petitioner would rely upon clause 2 (iii) of the said Circular, which reads as follows: 2. Children taken on adoption outside Institutions -- i.......... ii.......... iii. Birth registered (a) A birth shall be treated as registered only when supported by the original birth certificate or a copy thereof. The place of birth and the date of birth as mentioned in the original birth certificate will not undergo any change and shall remain as it is. However, on the basis of details contained in adoption order deed, requisite changes will be made in the name of child, name of adoptive parent(s) and address of adoptive parent(s) by the Registrar where the birth was originally registered. (c) If the adoption order is issued from a place other than the place where birth actually registered, the adoptive parents will approach the Registrar in which jurisdiction adoption order is issued. The Registrar shall send the duly filled birth reporting form along with the adoption order/deed and the copy of the original birth certificate to the Registrar where the birth was originally registered. The Registrar shall also make a request to effect changes in the name of child, name of adoptive parent(s) and address of adoptive parent(s) in the birth records and send the revised birth certificate to him/her for being provided to the adoptive parent(s).” The petitioner's application is still pending and a representation has also been given by the petitioner dated 27.09.2014. 5. 5. Accordingly, there will be a direction to the third respondent to consider the representation dated 27.09.2014, taking note of the circular issued by the Registrar General, India dated 12.03.2012, referred supra, and pass appropriate orders on merits and in accordance with law, after conducting due enquiry, within a period of four weeks from the date of receipt of a copy of this order. The Writ Petition is disposed of accordingly. No costs.