R.S.Vignesh Raj v. The Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.10.2024
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN R.S.Vignesh Raj ....
Petitioner Vs The Registrar, Registration of Birth and Death Certificate Section, Ribbon Building, Greater Chennai Corporation, Kannapar Thidal Periyamet, Chennai-03.
....
Respondent Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondent to take action on the petitioner's representation dated 19.07.2024 in a time bound manner.
For Petitioner : Mr.P.Ayyamperumal For Respondent : Mr.A.Arunbabu Standing Counsel
ORDER
This Writ Petition has been filed for a direction, directing the respondent to consider the representation submitted by the petitioner dated 19.07.2024 seeking correction of his mother's name in his father's death certificate.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioner's father died on 08.04.2021. After his demise, his death certificate was issued on 29.04.2021, in which the petitioner's mother's name was mentioned as Lalitha Srinivasan, which is her nick name and not her registered name as K.Padma. Subsequently, the petitioner's mother also passed away on 14.05.2021. In fact, her death certificate and death report also stands in the name as K.Padma. Therefore, the petitioner submitted an application for correction in the death certificate of his father to correct his mother's registered name as K.Padma. The respondent is competent under Section 15 of the Registration of Birth and Death Act 1969, read with Rule 11 of the Tamil Nadu Registration of Birth and Death Rules, 2020, to correct or cancel anh entry in the register of births and deaths.
4. In this regard, it is relevant to extract the provision under Section 11 (i) of the Tamil Nadu Registration of Birth and Death Rules, 2020, which reads as follows :
"11. Correction or cancellation of entry in the register of births and deaths under Section 15.
(i) 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 cancelling 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."
5. Therefore, the petitioner submitted an application on 19.07.2024 along with all relevant documents, seeking the correction of his mother's name to K.Padma, wife of Srinivasan, instead of Lalitha Srinivasan, which is pending on the file of the respondent.
6. In view of the above, the respondent is directed to consider the application submitted by the petitioner and on verification
of the records, make the necessary correction in the death certificate of his father, within a period of six weeks from the date of receipt of a copy of this order.
7. With the above direction, this writ petition stands disposed of. No costs.
17.10.2024 Internet : Yes Index : Yes/No Lpp To The Registrar, Registration of Birth and Death Certificate Section, Ribbon Building, Greater Chennai Corporation, Kannapar Thidal Periyamet, Chennai-03.
G.K.ILANTHIRAIYAN, J.
Lpp 17.10.2024