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W.P(MD)No.8267 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated: 27.03.2026

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

W.P(MD)No.8267 of 2026 and

W.M.P(MD)No.6768 of 2026

Durgadevi ... Petitioner

Vs.

1.Chief Registrar of Births and Deaths, Department of Public Health and Preventive

Medicine, 359, Anna Salai, DMS Campus,

Teynampet, Chennai-600006

2.District Registrar of Births and Deaths, District Revenue Officer,

Collectorate Campus, Madurai-625 020

3.Executive Officer, (Registrar of Births and Deaths)

Vadipatti Town Panchayat, Ward No.11, 117/27,

NH Road, Vadipatti Post,

Madurai-625 218 ...Respondents

Writ Petitions are filed under article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 1^st respondent in Na.Ka.No.

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W.P(MD)No.8267 of 2026

12328115/Maa.Su.Pu. Mail/Iru.1/2025 dated 23.01.2026 and to quash the same as illegal, arbitrary and consequently directing the respondents to issue new birth certificate by effecting the names of Mr.Kumaravel and

Mrs.K.Arumugam as father and mother respectively.

For Petitioner :Ms.K.Sinega

For Respondents :Mr.P.Thangadurai Government Advocate

ORDER

This writ petition is filed for a Writ of Certiorarified Mandamus calling

for the records pertaining to the impugned order dated 23.01.2026, to quash the same, and consequently to direct the respondents to issue a birth certificate by including the names of Kumaravel and Arumugam as the father and mother

of the petitioner, respectively, and for passing such further or other orders.

2. The case of the petitioner is that she was born on 16.11.2005 to

Alagesan and Chitradevi. In 2006, her father died, and Chitradevi also deserted her, remaining unheard of for the last 20 years. While so, the petitioner is being brought up by her paternal uncle, Mr.Kumaravel, and his wife, Mrs.K.Arumugam. They raised her as their own daughter, providing proper care, protection and education, and the petitioner is presently pursuing

a B.Sc. degree at a private college.

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W.P(MD)No.8267 of 2026

3. In view thereof, in all her identity-related documents, such as Aadhaar

Card, Community Certificate, mark sheets, and transfer certificate, etc., her parents’ names are mentioned only as Mr.Kumaravel and Mrs.Arumugam, and not the biological parents’ names. However, in the birth certificate alone, the biological parents’ names are mentioned. This affects the petitioner in two ways. Foremost, her right to be known as the daughter of Mr.Kumaravel and Mrs.Arumugam is affected. Secondly, a dichotomy is created with reference to her identity, as all her other documents and the birth certificate differ, leading to serious prejudice to her education and career as well. Therefore, she has made an application to include the names of Mr.Kumaravel and Mrs.Arumugam as her father and mother in the birth certificate. However, the same was rejected by the impugned order dated 23.01.2026. The impugned order states that the petitioner should be validly adopted as per the provisions of the Hindu Adoption and Maintenance Act, 1956, so as to include their names in the birth certificate as parents. Feeling aggrieved, the writ petition is

filed.

4. Ms.K.Sinega, the learned counsel appearing for the petitioner,

reiterating the above, would submit that the petitioner is entitled to the relief in view of Article 8 of the United Nations Convention on the Rights of the Child,

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W.P(MD)No.8267 of 2026

1959. It is further submitted that the petitioner has a right to control her identity. She would further submit that the specific prayer of the petitioner was not to remove the names of the biological parents, but to includ