Saraswathi v. The District Collector

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH Saraswathi Petitioner(s) Vs

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.

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.

2/6 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.

3/6 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.

4/6 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 ssr

5/6 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.

6/6 N.ANAND VENKATESH J.

ssr 24-07-2025