WP/13223/2026 of THANGASAMY Vs The District collector
WP No. 13223 of 2026
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-04-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA
WP No. 13223 of 2026
Thangasamy
S/o.Kuppusamy,
No.6/273,Arijana Colony,
Thotta Kattur,
Bommanayakkan Palayam
Kalichettipalayam,
Gopichettipalayam
Erode District.
..Petitioner(s)
Vs
1. The District Collector,
Office of the Collectorate,
Erode District.
2. The Sub Collector,
Gobi, Erode District.
3. The Revenue Tahsildar
Gobi Taluk,
Erode District.
4. The Revenue Inspector,
Gobi Taluk, Erode District.
5. Selvi Vinayagam,
The Revenue Inspector,
Gobi Taluk,
Erode District.
..Respondent(s)
https://www.mhc.tn.gov.in/judis
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Prayer: This Writ Petition is filed under Article 226 of the Constitution of India,
seeking for a Writ of Mandamus, directing the 1st respondent, to initiate
disciplinary action against the 5th respondent under the Tamil Nadu Civil
Services (Discipline and Appeal) Rules, Punishment for neglect of duties,
Rule(8) and rule(17) for the long-pending matter and for the 5 th respondent not
taking any action on petitioner petition dated 26.9.2024 nearly 7 Months. The y
are deliberately delaying the amendment of the birth certificate even after
submitting the application with all the documents and government order s, no
action has been taken on the application so far. However, in al l other places in
Tamil Nadu, the Village Administrative Officer amends the birth certificate of
the adopted child based on the adoption document The responsibility for
correcting the birth certificate with the 4th respondents who ha s access to make
corrections on the website, they have not yet made the changes to pet itioner
child’s birth certificate. Humbly praying direction to 5 th respondent provide the
compensation also, change the birth certificate and direction to 1st respondent to
take action 5 th respondent under Tamil Nadu Civil Services (Discipline and
Appeal) Rules, Punishment for neglect of duties Rule (8) and Rule (17) Long
pending Not taking any action.
For Petitioner(s): Mr.M.Saravanakumar
For Respondent(s): Mr.P.Balathandayutham,
Special Government Pleader
for RR1 to 4
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ORDER
Seeking a Mandamus to initiate disciplinary action against the fifth
respondent, the petitioner is before this Court.
2.The short facts are as follows; The grievance of the petitioner is that he
had adopted a child from one of his relative and had registered t he adoption
with the Central Adoption Resource Authority (CARA). He thereafter submitted
an on-line application on 26.09.2024 for amending the birth certificate of the
adopted child to include the name of the adoptive parents before the second
respondent. Thereafter, the said petition was duly processed and approve d by
the third respondent. Subsequently, it was forwarded to the fourth re spondent
for enquiry. However, the fourth respondent failed to process the said
application constraining the petitioner to file W.P.No.13510 of 2025 seeking a
direction to the Revenue Divisional Officer to process the same at the earliest.
By order dated 16.04.2025, this Court had directed the third respondent to
complete the enquiry within a period of three weeks from the date of receipt of a
copy of the order and thereafter, to forward a report to the R evenue Divisional
Officer, who thereafter, within a period of eight weeks, was directed to pass
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orders on the petitioner’s representation dated 26.09.2024 in accordance w ith
law.
3.The grievance of the petitioner is that the application of the petit ioner
dated 26.09.2024 is still pending with the fourth respondent and that he has been
made to visit the fourth respondent’s office regularly for following up his
petition. The fourth respondent is also impleaded in her individual capa city as
the fifth respondent. The petitioner would submit that this long delay in
processing his petition is arbitrary and contrary to the mandatory provisions of
the Registration of Birth and Death Rules, 1999. The petitioner would submit
that despite a rule that Birth Certificate should be issued withi n 5 working days
in respect of the adopted child, the fifth respondent has deliberately not
processed the application and her inaction has caused hardship and agony t o the
petitioner and therefore, the petitioner sought to have the fifth respondent
punished and has come forward with the writ in question.
4.Heard the learned counsel on either side and perused the materials
available on record.
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5.From a perusal of records, this Court is unable to understand as to
whether the petitioner has received the birth certificate since , he has not taken
any steps to file a contempt petition against the respondents, which he would
have done, had the certificate not been issued to him. That apart, it is seen that
the application has been made on 26.09.2024 and the petitioner has immediately
filed W.P.No.13510 of 2025, which has also been held in favour of the
petitioner. Further, apart from the delay, no other allegations have be en made
against the fifth respondent. It is also seen that the petitioner ha s not filed an
independent petition seeking to take action against the fourth respondent i n her
individual capacity.
6.Therefore, the Writ Petition is dismissed. No costs.
09-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
TSG
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P.T.ASHA, J.
TSG
To
1. The District Collector,
Office of the Collectorate,
Erode District.
2. The Sub Collector,
Gobi, Erode District.
3. The Revenue Tahsildar
Gobi Taluk,
Erode District.
4. The Revenue Inspector,
Gobi Taluk,
Erode District.
WP No. 13223 of 2026
09-04-2026
https://www.mhc.tn.gov.in/judis