Saraswathi Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

Saraswathi Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Direction to the 3rd respondent to act upon the petitioner's representation dated 12.06.2025 and carry out the necessary corrections in the Death Certificate, the process to be completed within a period of four weeks from the date of receipt of copy of the order; writ petition disposed of with the above directions, with no costs.

Issue for consideration

Whether a writ of mandamus should issue directing the 3rd respondent to rectify the error that has crept in the Death Certificate issued upon the demise of the petitioner's husband Pongiyannan son of Mariappan, wherein the deceased's name was entered as 'Rasu' instead of 'Pongiyannan' and the father's name as 'Marappan' instead of 'Mariappan', pursuant to the petitioner's representation dated 12.06.2025. +1 more

Court's answer

On the documents on record, the name of the petitioner's husband is Pongiyannan and his father's name is Mariappan; therefore it is well within the power and jurisdiction of the 3rd respondent to make the necessary corrections in the Death Certificate in line with Section 15 of the Act read with Rule 11 of the Rules.

Ratio / Principle

Rule 11 of the Tamil Nadu Registration of Births and Deaths Rules, 2000 read with Section 15 of the Registration of Births and Deaths Act, 1969 is wide enough to carry out correction in an entry that has been improperly made in the Death Certificate; the power of correction is not confined to clerical or formal errors alone.

Detailed headnote1 paragraphs

Madras High Court (N. Anand Venkatesh J.) disposed of a writ petition under Article 226 of the Constitution of India filed by Saraswathi seeking a writ of mandamus to the Registrar, Birth and Death, Gobichettipalayam Panchayat (3rd respondent), to rectify errors in Death Certificate No.177/2004/2 dated 26.08.2004 issued upon the demise of her husband Pongiyannan son of Mariappan, in which the deceased's name was wrongly entered as 'Rasu' and the father's name as 'Marappan'. The Revenue Divisional Officer, Gobichettipalayam (2nd respondent), had instructed that such correction could not be carried out as it would go beyond the scope of Section 15 of the Registration of Births and Deaths Act, 1969 read with Rule 11 of the Tamil Nadu Registration of Births and Deaths Rules, 2000, since only a clerical or formal error alone could be corrected. Holding that Rule 11 read with Section 15 is wide enough to carry out correction of an entry improperly made in a Death Certificate, and that the documents clearly showed the husband's name as Pongiyannan and the father's name as Mariappan, the Court directed the 3rd respondent to act upon the petitioner's representation dated 12.06.2025 and complete the necessary corrections within four weeks from receipt of a copy of the order. Writ petition disposed of with the above directions; no costs.

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WP No. 27130 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

WP No. 27130 of 2025

Saraswathi

Petitioner(s)

Vs

The District Collector District Collectorate, Erode District.

2.The Revenue Divisional Officer Gobichettipalayam,

3.The Registrar, Birth And Death, Gobichettipalayam Panchayat, Gobichettipalayam, Erode District.

Respondent(s)

PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, direction to consider the representation dated 12.06.2025 directing the 3rd Respondent to rectify the error in Death Certificate No.177/2004/2 dated 26.08.2004 and consequentially issue a corrected death certificate within a specified time frame.

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

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WP No. 27130 of 2025

For Petitioner(s): Mr.G.R.Deepak

For Respondent(s): Mr.T.M.Rajangam Government Advocate

ORDER

This writ petition has been filed for issue of writ of mandamus directing

the 3rd respondent to rectify the error that has crept in the Death Certificate

issued pursuant to the demise of the petitioner's husband Pongiyannan son of

Mariappan.

2.The grievance of the petitioner is that instead of mentioning the name

of the petitioner's husband as Pongiyannan, it has been mentioned as Rasu.

Similarly, instead of mentioning the name of the petitioner's father-in-law as

Mariappan it has been mentioned in the Death Certificate as Marappan. In view

of the same, the petitioner has sought for the correction to be carried out in the

Death Certificate pursuant to the representation made by the petitioner on

12.06.2025.

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

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WP No. 27130 of 2025

3.The learned Government Advocate produced the written instructions

received from the 2nd respondent. On going through the same, the 2nd respondent has taken a stand that such correction cannot be carried out since it

will go beyond the scope of Section 15 of the Registration of Births and Deaths Act, 1969 read with Rule 11 of the Tamil Nadu Registration of Births and

Deaths Rules, 2000 and that only a clerical or a formal error alone can be

corrected in the Death Certificate.

4.This Court had already held that Rule 11 read with Section 15 is wide

enough to carry out correction in the entry that has been improperly made in the

Death Certificate.

5.In the case in hand, the documents clearly shows that the name of the

petitioner's husband is Pongiyannan and his father's name is Mariappan.

Therefore, it will be well within the power and jurisdiction of the 3rd respondent to make the necessary corrections in line with Section 15 of the Act

read with Rule 11 of the Rules.

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

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WP No. 27130 of 2025

6.In view of the above, there shall be a direction to the 3rd respondent to

act upon the representation made by the petitioner on 12.06.2025 and carry out

the necessary corrections in the Death Certificate. This process shall be

completed by the 3rd respondent, within a period of four weeks from the date of

receipt of copy of this order.

7.This writ petition is disposed of with the above directions. No Costs.

24-07-2025

Index:Yes/No

Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ssr

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

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WP No. 27130 of 2025

To

1.The District Collector District Collectorate, Erode District.

2.The Revenue Divisional Officer Gobichettipalayam,

3.The Registrar, Birth And Death, Gobichettipalayam Panchayat, Gobichettipalayam, Erode District.

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

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WP No. 27130 of 2025

N.ANAND VENKATESH J.

ssr

WP No. 27130 of 2025

24-07-2025

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