Disposed

S.Ezhilarasi v. The District Collector

Madras HC14 Jun 2024WP/8858/2021

Case brief

AI extract

What is this about?

A writ petition sought correction of the mother's name in the petitioner's birth certificate from a nickname to her actual name. The court held Rule 11 permits the Registrar/Commissioner to correct such clerical errors and directed an enquiry with fresh certificate issuance within four weeks.

What did the court decide?

Second respondent directed to conduct enquiry with petitioner and her parents, correct mother's name in birth certificate and issue fresh certificate within four weeks. No costs.

S.Ezhilarasi Vs The District Collector — Writ and Judicial Review | Madras HC (2024)

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W.P.No.8858 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 14.06.2024

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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W.P.No.8858 of 2021

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S.Ezhilarasi ... Petitioner

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Vs.

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The District Collector, Tiruppur District, Tiruppur.

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The Commissioner, Tiruppur Corporation, Tiruppur. ... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 04.03.2021 to correct the name of her mother as “Sellammal” instead of “Selvi” in her birth certificate No.306/1996 dated 12.04.1996 issued by the second respondent, in exercise of the powers under Section 15 of the Registration of Births and Deaths Act, 1969 r/w Rule 11 of the TN Registration of Births and Deaths Rules, 2000.

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For Petitioner	: Mr.N.Manokaran
For Respondents
For R1	: Mr.S.Arumugam
	Government Advocate
For R2	: Mr.S.Silambanan, Senior Counsel
	For Mrs.P.Shanthi, Standing Counsel

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https://www.mhc.tn.gov.in/judis

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Page 1 of 8

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W.P.No.8858 of 2021

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ORDER

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This writ petition has been filed for direction directing the

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respondents to consider representation submitted by the petitioner to correct the name of her mother as “Sellammal” instead of “Selvi” in her birth certificate issued by the second respondent,

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The petitioner was born to one Sellammal and Swaminathan on 10.04.1996. At the time of her birth her mother is being illiterate has given her name in the hospital as Selvi, since it is her nickname. It was informed to the authority concerned and accordingly the petitioner was issued birth certificate as her parents are M.Swaminathan and Selvi. Therefore, now the petitioner submitted representation to rectify the said mistake in the birth certificate by annexing Aadhar card, vote card, ration car, PAN card and school certificate. However, it is pending with the second respondent without consideration. Hence, the petitioner filed the present writ petition with the above prayer.

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The learned counsel appearing for the petitioner submitted

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that as per Section 15 of the Registration of Birth and Death Act 1969,

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https://www.mhc.tn.gov.in/judis

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Page 2 of 8

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W.P.No.8858 of 2021

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the second respondent has power to correct or cancel the entries in the

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Section 15 of the Registration of Births and Deaths Act, as follows:-

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“15. Correction or cancellation of entry in the register of births and deaths:-

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If it is proved to the satisfaction of the Registrar that any entry of a birth or death in any register kept by him under this Act is erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such rules as may be made by the State Government with respect to the conditions on which and the circumstances in which such entries may be corrected or cancelled, correct the error or cancel the entry by suitable entry in the margin, without any alteration of the original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation."

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3.1. Whereas Rule 11 of the Tamil Nadu Registration of Births

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and Death Rules, 2000 would permit the second respondent to correct the

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name in the birth and death register. It is relevant to extract Rule 11 of

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the Tamil Nadu Registration of Births and Death Rules, 2000 as

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follows:-

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https://www.mhc.tn.gov.in/judis

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Page 3 of 8

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W.P.No.8858 of 2021

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“11. Correction or cancellation of entry in the register of births and deaths under section 15 :-

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(1) If it is reported to the Registrar that a clerical or formal error has been made in the register or if such error is otherwise noticed by him and if the register is in his possession, the Registrar shall enquire into the matter and if he is satisfied that any such error has been made, he shall correct the error (by correcting or canceling the entry) as provided in section 15 and shall in the case of local authorities specified in column (1) of the Table below send an extract of the entry showing the error and how it has been corrected to the officer specified in column (2) thereof.

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TABLE

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Local Authorities (1)	Officers (2)
Village Panchayat	Village Panchayat President
Town Panchayat	Executive Officer
Contonment	-Do-
Municipality	Commissioner
Neyveli Lignite	Chief Health Officer
Corporation

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(2) In the case referred to in the sub-rule (1) if the register is not in his possession, the Registrar shall make a report to the officere specified in the table in sub-rule (1) and call for the relevant register and after enquiring

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Page 4 of 8

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W.P.No.8858 of 2021

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into the matter, if he is satisfied that such error has been made, necessary correction.

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(3) Any such correction as mentioned in sub-rule (2) shall be counter singed by the officer specified in the Table in sub-rule (1) in this behalf when the register is received from the Registrar.

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(4) If any person asserts that any entry in the register of births and deaths is erroneous in substance, the Registrar may correct the entry in the manner prescribed under section 15 upon production by that person a declaration setting forth the nature of the error and true facts of the case made by two credible persons having knowledge of the facts of the case. 10

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(5) Not withstanding anything contained in subrules (1) and (4), the Registrar shall make a report of any correction of the kind referred to therein giving necessary details to the officer specified in the table in sub-rule (1).

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(6) If it is proved to the satisfaction of the Registrar that any entry in the register of births and deaths has been fraudulently or improperly made, he shall make a report giving necessary details to the officer authorized by the Chief Registrar by general or special order in this behalf under section 25 and on hearing from him take necessary action in the matter.

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https://www.mhc.tn.gov.in/judis

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Page 5 of 8

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W.P.No.8858 of 2021

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(7) In every case in which an entry is corrected or cancelled under this rule, Intimation thereof should be sent to the permanent address of the person who has given information under section 8 or section 9.”

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Accordingly, the authorities concerned shall enquiry into the matter and if they satisfied, the said error can be corrected by correction or cancelling the entry.

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Heard the learned counsel appearing on either side and

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perused the materials placed before this Court.

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Admittedly, the petitioner was born to Swaminathan and Sellammal. Her parents were given information to the hospital authorities as if father name is Swaminathan and mother name is Selvi. Accordingly, the petitioner was issued birth certificate. However, the petitioner's mother name is Sellammal as per other documents. That apart, there is no objection from any body to change the name of the mother as Sellammal in the birth certificate. Further Rule 11 of the Tamil Nadu Registration of Births and Death Rules, permits the second respondent to correct the register of births and deaths.

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https://www.mhc.tn.gov.in/judis

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Page 6 of 8

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W.P.No.8858 of 2021

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In view of the above discussions, the second respondent is

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directed to conduct enquiry with the petitioner and her parents and accordingly correct the name of the petitioner mother's name and issue fresh birth certificate within a period of four weeks from the date of receipt of a copy of this Order.

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With the above directions, the Writ Petition stands disposed

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of. There shall be no orders as to costs.

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14.06.2024 (1/3)

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Index : Yes/No Speaking/Non Speaking order Neutral Citation : Yes/No

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rts

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The District Collector, Tiruppur District, Tiruppur.

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The Commissioner, Tiruppur Corporation, Tiruppur.

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https://www.mhc.tn.gov.in/judis

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Page 7 of 8

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W.P.No.8858 of 2021

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G.K.ILANTHIRAIYAN. J,

rts

W.P.No.8858 of 2021

14.06.2024 (1/3)

https://www.mhc.tn.gov.in/judis

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Page 8 of 8

S.Ezhilarasi v. The District Collector

Case brief

What is this about?

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S.Ezhilarasi v. The District Collector

Case brief

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