Patchaiyammal v. The Health Inspector-Cum-

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY PATCHAIYAMMAL ... Petitioner Vs THE HEALTH INSPECTOR-CUMREGISTER OF BIRTH AND DEATH, GOVT.PRIMARY HEALTH CENTRE, KUNNAVAKKAM, CHENGALPATTU DISTRICT.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondent to correct the petitioner's name as 'Patchaiyammal' instead of 'T.Anjali' in the birth certificate of her daughter namely T.Karthika, which was issued by the respondent vide Reg.No.161/2010 dated 18.01.2011, by considering the petitioner's representation dated 10.02.2025. For Petitioner : Mr.S.Rithika For Respondent : Mr.K.Tippu Sulthan Government Advocate 1/5

ORDER

The prayer in the writ petition is to direct the respondent to correct the petitioner's name to 'Patchaiyammal' instead of 'T.Anjali' in the birth certificate of her daughter, namely T. Karthika.

2. The said T. Karthika was born to the petitioner and her husband, Thiruppathi. However, while providing particulars for registering the birth, the petitioner's name was erroneously recorded as T. Anjali. The petitioner and her husband are not very literate and did not notice the mistake immediately. It was only recently, when their daughter started attending school, that the error was pointed out by the school authorities. Therefore, they are now approaching the respondent.

3. The learned Government Advocate appearing on behalf of the respondent would submit that since no valid reason has been provided, the error cannot be corrected merely upon request.

4. I have considered the rival submissions made on either side and perused the material records of this case.

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5. This Court, in W.P. No. 8959 of 2021 (Minor S. Jeganathan vs. The District Collector & Another) has already considered the issue and taken into account Section 15 of the Registration of Births and Deaths Act, 1969, and Rule 11 of the Tamil Nadu Registration of Births and Deaths Rules, 2000. The Court held that the respondent has the power to correct any errors that may have occurred in the details. The only question to be determined in this case is whether this is an error or not. There is no rival claim or dispute regarding the fact that the petitioner is the mother of the said minor child. Therefore, based on the facts of this case, it is clear that this is an error. Since the petitioner's request is innocuous and there is no doubt with reference to the identity of the child's parents, such an error can be corrected in the best interest of the child, particularly considering the child's education and future career.

6. In view thereof, this writ petition is allowed on the following terms:- (i) The respondent is directed to correct the birth certificate issued to T. Karthika, vide Reg.No.161/2010 dated 18.01.2011, by correcting the entry relating to the name of the mother from 'T. Anjali' to 'Patchaiyammal' and upload the corrected birth certificate afresh; 3/5

(ii) The said exercise shall be completed within a period of eight weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of the order. No costs.

20.03.2025 nsl To THE HEALTH INSPECTOR-CUMREGISTER OF BIRTH AND DEATH, GOVT.PRIMARY HEALTH CENTRE, KUNNAVAKKAM, CHENGALPATTU DISTRICT.

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D.BHARATHA CHAKRAVARTHY, J.

nsl 20.03.2025 5/5