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2026 DAILYLAW 6136 (MAD)

K.UMA MAHESHWARI v. CEMONC CENTRE

WP/9893/2026 · 2026-03-23

M Dhandapani

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 9893 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-03-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI WP No. 9893 of 2026 AND WMP NO. 11272 OF 2026 1. K.Uma Maheshwari W/o.A.Kaja Mohideen No.823, 24th street B.V.colony Vyasarpadi, Chennai-600 039 2. A.Kaja Mohideen S/o.Abdul kareem No.823, 24th street B.V.colony Vyasarpadi, Chennai-600 039 ..Petitioner(s) Vs 1. Cemonc Centre The Government HQ Hospital Mannargudi Tiruvarur District -614 001 2. Directorate of Stationery and printing The Gazette office No.110, anna salai Chintadripet Chennai-600 002 3. The Government Hospital CWC No.40 Thiruvengadasamy street, Pulianthope chennai-600 012 4. The Registrar of Birth and Deaths The Greater chennai corporation Division 073 zone 06 No.158, Strahans road, https://www.mhc.tn.gov.in/judis WP No. 9893 of 2026 __________ Page2 of 6 Oattalam, Chennai-600 012 5. K.Prakash No.43/52,Mathur 1st cross road, 1st main Road chennai-600 068 ..Respondent(s) Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of Mandamus directing the 2nd respondent to rectify the name of the father column in birth certificate of the Baby Nainika by substituting name of the 5th respondent with that of the 2nd petitioner A.Kaja Mohideen who is the biological father and husband of the petitioner in respect of the fee already paid on 20.8.2025 vide challan No.20250820003194 For Petitioner(s): Mr.R.Anandh For Respondent(s): Mr.E.Sundaran, Government Advocate for R1 to R3 Mr.L.Ramanathan, for R5 Mr.E.L.Ramesh for R4 Order The petitioner has filed this petition to direct the 2nd respondent to rectify the name of the father column in birth certificate of the Baby Nainika by substituting name of the 5th respondent with that of the 2nd petitioner A.Kaja Mohideen who is the biological father and husband of the petitioner. https://www.mhc.tn.gov.in/judis WP No. 9893 of 2026 __________ Page3 of 6 2. Case of the petitioner is that the marriage between the 1st petitioner and the 2nd petitioner was solemnized on 11.12.2019 in accordance with Muslim customs and rites. After the marriage, in the month of march 2020, the 1st petitioner was temporarily resided at the residence of her family friend at Mannargudi District, Thiruvarur, since the 2nd petitioner was stationed outside for his employment. Thereafter, the 1st petitioner was in family way and owing to the medical emergency, the 5th respondent herein, who is the brother of the 1st petitioner’s friend, had affixed his signature as an attendant for procedural compliance, however in the Birth Certificate, the 5th respondent name was mentioned as father. Hence, the petitioners made repeated representations before the hospital administration seeking correction/rectification of the father’s name in the records maintained by the Government Hospital, Mannarkudi. Since all the efforts of the petitioners went in vain, they are before this Court. 3. The learned counsel for the petitioner would submit that the 5th respondent affixed his signature purely for emergency medical and procedural compliance and hence, prays this Court to issue direction to the respondents to rectify the error in the birth certificate. 4. The learned counsel for the 5th respondent submitted that the 5th respondent is a married individual and leading a peaceful and undisturbed https://www.mhc.tn.gov.in/judis WP No. 9893 of 2026 __________ Page4 of 6 family life. However, the incorrect entry in the child’s birth certificate has affected his personal dignity and privacy and prays for appropriate order. 5. The learned standing counsel appearing for the 4th respondent would submit that the 1st petitioner and the 5th respondent made declaration before the official respondent and on their declaration only, the birth certificate was issued and prays for dismissal of this petition. 6. Heard the respective learned counsel for the parties and also perused the materials available on record. 7. Though the petitioners contend that they are husband and wife and the child was born to them and that an inadvertent mistake occurred by incorporating the name of the 5th respondent as the biological father, the birth certificate was issued solely on the basis of the declaration submitted by them after the birth of the child. has been issued only based on their declaration to be submitted after the birth of the child. The submission of the learned Standing Counsel is that the 1st petitioner and the 5th respondent themselves submitted an online declaration, on the basis of which, the birth certificate was issued. If the petitioners have any grievance in this regard, the same cannot be rectified in proceedings under Article 226 of the Constitution of India. Therefore, they are at liberty to approach the Civil Court for appropriate relief. https://www.mhc.tn.gov.in/judis WP No. 9893 of 2026 __________ Page5 of 6 8. The Writ Petition is dismissed with the above observations. No costs. 23-03-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SK To 1. Cemonc Centre The Government HQ Hospital Mannargudi Tiruvarur District -614 001 2. Directorate of Stationery and printing The Gazette office No.110, anna salai Chintadripet Chennai-600 002 3. The Government Hospital CWC No.40 Thiruvengadasamy street, Pulianthope chennai-600 012 4. The Registrar of Birth and Deaths The Greater chennai corporation Division 073 zone 06 No.158, Strahans road, Oattalam, Chennai-600 012 5. K.Prakash No.43/52,Mathur 1st cross road, 1st main Road chennai-600 068 https://www.mhc.tn.gov.in/judis WP No. 9893 of 2026 __________ Page6 of 6 M.DHANDAPANI J. sk WP No. 9893 of 2026 AND WMP NO. 11272 OF 2026 23-03-2026 https://www.mhc.tn.gov.in/judis