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2026 Supreme(Online)(Mad) 37623

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hemant Chandangoudar, J
M.Maal Rajesh – Appellant
Versus
Commissioner, Madurai Corporation – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: Mr.V.Panneer Selvam
For the Respondents: Mr.S.Vidhyasagar

Gazette-notified name change permits correction of name in child's birth certificate without legal impediment.

Headnote:Under Article 226 of the Constitution of India, petitioner sought mandamus to correct daughter's birth certificate to reflect gazette-notified name change. Daughter's birth certificate listed prior name M. Suyambulingam; subsequent son's certificate and all public documents used changed name M. Maal Rajesh, notified in Tamil Nadu Government Gazette on 21.07.2021. Court found gazette notification and Director of Public Health communication dated 18.07.2001 permit dual use for proof of name and birth date. Issue framed as whether respondent must substitute father's changed name in daughter's birth certificate post-gazette notification. Court reasoned no legal impediment exists given gazette publication, consistent use in son's birth certificate, and official communication endorsing such changes, applying principles of administrative correction. Writ petition disposed directing respondent to substitute name within four weeks; no costs.

Table of Content
1. petition for name correction in daughter's birth certificate post-gazette change. (Para 1 , 3)
2. counsel submissions and official communication on name change validity. (Para 2 , 4)
3. no legal bar to substituting gazette-notified name in records. (Para 5)
4. mandamus issued for correction within four weeks, no costs. (Para 6 , 7)

O R D E R

The petitioner is before this Court seeking issuance of a Writ of Mandamus directing the respondent to issue a birth certificate to the petitioner’s daughter, namely, M. Lohitha Meenakshi, by substituting the name of the petitioner as M. Maal Rajesh in place of M. Suyambulingam, by considering the petitioner’s representation dated 12.03.2026.

2.Heard Mr. V. Panneer Selvam, learned counsel for the petitioner, and Mr. S. Vidhyasagar, learned counsel, who accepts notice on behalf of the respondent.

3.The petitioner’s daughter, namely, M. Lohitha Meenakshi, was born on 05.05.2019, and a birth certificate was issued in her favour reflecting the name of the father as M. Suyambulingam. Subsequently, the petitioner changed his name from M. Suyambulingam to M. Maal Rajesh, and the same was notified in the Tamil Nadu Government Gazette on 21.07.2021. Thereafter, a son was born to the petitioner on 12.02.2023, and in the birth certificate issued to the son, the petitioner’s name was mentioned as M. Maal Rajesh. The petitioner submits that in all other public documents also, his name has been changed as M. Maal Rajesh. In such circumstances, the petitioner submitted a representation seeking substitution of his name in the birth certificate of his daughter from M. Suyambulingam to M. Maal Rajesh.

4.Mr. S. Vidhyasagar, learned counsel for the respondent, placed on record the communication issued by the Director of Public Health and Preventive Medicine dated 18.07.2001, stating that where a person changes his name subsequent to the date of birth and obtains Gazette Notification, both the birth certificate and the Gazette Notification are to be used for all purposes, as proof of date of birth and proof of name respectively.

5.In any event, the petitioner’s name has been changed to M. Maal Rajesh and the same has been published in the Tamil Nadu Government Gazette. Further, in the birth certificate issued in favour of his son, the petitioner’s name is shown as M. Maal Rajesh. Therefore, there is no legal impediment for the respondent to substitute the petitioner’s name as M. Maal Rajesh in place of M. Suyambulingam in the birth certificate of his daughter.

6.Accordingly, the writ petition is disposed of with a direction to the respondent to substitute the name of the petitioner, i.e., the father, in the birth certificate of his daughter, M. Lohitha Meenakshi, as M. Maal Rajesh instead of M. Suyambulingam.

7.The aforesaid exercise shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order.

8.There shall be no order as to costs.

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