ABHIRAMI ABHIMANYU KUTTIKKAT vs STATE OF KERALA - 2026 Supreme(Online)(Ker) 26655

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2026 Supreme(Online)(Ker) 26655

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
ABHIRAMI ABHIMANYU KUTTIKKAT – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 13918 OF 2026

Important Points

Transgender persons entitled to update name and gender in birth certificate under 2019 Act upon due consideration.

Subject

Civil - Writ Petition

Act Referred

Transgender Persons (Protection of Rights) Act, 2019

Headnote

The petition invokes the Transgender Persons (Protection of Rights) Act, 2019, seeking directions to update the birth certificate with changed name and gender from male to female, supported by foreign court order (Ext.P2), medical certificate (Ext.P3), and naturalization documents. Essential facts include birth registration (Ext.P1) and request letter (Ext.P6) to municipal registrar. The court finds the petitioner entitled to benefits under the Act for such changes. The sole issue is whether respondents should act on Ext.P6 to reflect changes in the birth certificate. The court's ratio decidendi emphasizes expeditious consideration with hearing opportunity, balancing administrative procedure with statutory rights under the 2019 Act. The writ petition is disposed of directing the 4th respondent to consider Ext.P6 and pass orders within six weeks.

Advocates:
For the Appellants/Petitioners: SHRI.RAJESH SIVARAMANKUTTY
For the Respondents: GP SMT DEEPA V, SRI BINOY VASUDEVAN, SC

Table of Content
1. petition seeks mandamus for birth certificate update on name/gender change. (Para 1 , 2)
2. court directs consideration of application with hearing within six weeks. (Para 3 , 4)

JUDGMENT

The above writ petition is filed with following prayers :

(i) “issue a Writ of Mandamus, or any other appropriate Writ, Direction or Order, directing 4^th Respondent and other competent Respondents amongst them, to act upon Exhibit P6 within a time frame fixed by this Honourable Court;

(ii) issue a Writ of Mandamus, or any other appropriate Writ, Direction or Order, commanding the Respondents to pass appropriate orders permitting the Petitioner for change in name and gender as per Exhibit P6 to be reflected in Exhibit P1 birth certificate by erasure of the earlier entries qua name and gender of Petitioner;

(iii) hold the Petitioner as a transgender person entitled to the benefit under the Transgender Persons (Protection of Rights) Act, 2019 qua change in name and gender from male to female and name change from K.Abhimanyu Vellodi to Abhirami Abhimanyu Kuttikkat to be reflected in Exhibit P1 birth certificate; and (iv) to issue such other reliefs as this Honourable Court may deem fit and proper in the circumstances of this case.”

[sic]

2. When this writ petition came up for consideration, the learned counsel for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the 4^th respondent to consider Ext.P6.

3. Heard the learned Government Pleader and the Standing Counsel appearing for the Municipality.

4. After hearing both sides, I think that prayer can be allowed.

Therefore, this writ petition is disposed of with the following direction:

1) The 4^th respondent is directed to consider Ext.P6 and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner as expeditiously as possible, at any rate, within six weeks from the date of receipt of a certified copy of this judgment.