A.Alagarsamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY A.Alagarsamy ...Petitioner Vs.

1.The District Collector, Theni District, Theni.

2.The Commissioner, Theni Municipality, Allinagaram, Theni - 625 539.

3.The Holy Redeemer's Hospital, Represented by the Parish Priest, Holy Redeemer's Church, Allinagaram, Theni District. ...Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order in Na.Ka.No.651/2025/H2, dated 16.04.2025, passed by the 2nd respondent to quash the same as illegal and to direct the 2nd respondent to make correction in the petitioner's daughter's Birth Certificate No. 335/1983/03, dated 22.02.2015, in the light of the SSLC Mark Statement of the petitioner's daughter.

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For Petitioner : Mr.S.Muthukumar For R1 : Mr.R.Ragavendaran Government Advocate For R2 : Mr.Kaleeswaran

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus,to quash the impugned order in Na.Ka.No.651/2025/H2, dated 16.04.2025, passed by the 2nd respondent and to direct the 2nd respondent to make correction in the petitioner's daughter's Birth Certificate No.335/1983/03, dated 22.02.2015, in the light of the SSLC Mark Statement of the petitioner's daughter.

2.The contention of the petitioner is that the petitioner's daughter was born on 01/03/1983 at 11:52 PM. However, the hospital has wrongly entered the date of birth as 02/03/1983 and indicated the time of birth was 12:10 AM. When the petitioner's daughter was born at 11:52 PM, then it ought to be 01.03.1983. Since the time has been wrongly mentioned, there is a discrepancy in the date of birth.

3.The learned Counsel appearing for the second respondent vehemently submitted that based on the record produced by the 3rd respondent 2/5

hospital, the birth certificate was issued. In the third respondent's report, it has been stated as 12:10 AM.

4.However, the petitioner is relying on the planetary chart (horoscope) and indicated that the petitioner's daughter was born at 11:52 PM. If it is 11:52 PM, then the date of birth would be 01.03.1983. Since the hospital has marked the wrong time, there is a discrepancy in the date of birth. 5.Therefore, the petitioner is entitled to rectify the same. The second respondent is directed to rectify the date of birth as 01.03.1983 and issue a fresh birth certificate within a period of four weeks from the date of receipt of a copy of this order.

6.With the above observations, this Writ Petition is allowed. There shall be no order as to costs.

07.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg 3/5

To The District Collector Theni District, Theni.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 07.08.2025 5/5