Madras High Court
S. Malleswari vs Zonal Health Officer (Pu.Ve) on 19 February, 2021
W.P. No.880 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.02.2021
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P. No.880 of 2021
and
WMP No.961 of 2021
S. Malleswari .... Petitioner
Vs.
Zonal Health Officer (pu.ve)
Birth & death section,
Public health department,
Greater Chennai Corporation,
Rippon building,
Chennai - 600 003. .... Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus to call for records pertaining to the
order of the respondent's dated 09.09.2020 Pothu Thu. Su/Ma.Na.A
(Pu.Ve) Na.Ka.No./0115/2020 to quash the same and consequently direct
the respondent to correct the error and insert the name of the petitioner as
Malleswari in the place of Maheswari and issue a fresh corrected birth
certificate to the petitioner.
1/7
https://www.mhc.tn.gov.in/judis/
W.P. No.880 of 2021
For Petitioner : Mr.A.P.Surya Prakasam
For Respondents : M/s.Karthikaa Ashok
Standing counsel
ORDER
By consent of both the parties, this writ petition is taken up for final
disposal at the time of admission itself.
2. This writ petition has been filed challenging the order dated
09.09.2020 passed by the respondent rejecting the petitioner's application
seeking for correction in her birth certificate on the ground that there is no
provision under the Registration of Births and Deaths Act, 1969 to correct
the name of the petitioner.
3. According to the petitioner, her correct name is Malleswari.
However, according to her, excepting for her birth certificate, where, her
name has been wrongly spelt as Maheshwari in all other Government
records including Passport, School Leaving Certificate, Adhaar card and
other revenue records, her name has been correctly mentioned as
https://www.mhc.tn.gov.in/judis/
W.P. No.880 of 2021
Malleswari. According to the petitioner, by total non application of mind to
Section 15 of the Registration of Births and Deaths Act, 1969, which
empowers the respondent to correct any error in the birth certificate, the
impugned order has been passed. The impugned order has been passed on
the ground that the Registration of Births and Deaths Act, 1969 does not
permit the respondent to correct any errors in the birth certificate.
4. Section 15 of the Registration of Births and Deaths Act, 1969
reads as follows :
15. Correction or cancellation of entry in the register of births
and deaths.
If it is proved to the satisfaction of the Registrar that
any entry of a birth or death in any register kept by him
under this Act is erroneous in form or substance, or has
been fraudulently or improperly made, he may, subject to
such rules as may be made by the State Government with
respect to the conditions on which and the circumstances
in which such entries may be corrected or cancelled,
correct the error or cancel the entry by suitable entry in the
margin, without any alteration of the original entry, and
shall sign the marginal entry and add thereto the date of
the correction or cancellation.
5. Heard Mr.A.P.Surya Prakasam, learned counsel for the petitioner
and Ms.Karthikaa Ashok, learned Standing counsel for the respondent.
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W.P. No.880 of 2021
6. The learned counsel for the petitioner drew the attention of this
Court to a Single Bench judgment of this Court dated 27.11.2017 in the case
of V.Vaishnvee versus the Commissioner of Greater Chennai
Corporation, Chennai and another in W.P. No.28929 of 2017 and would
submit that in identical set of facts, this Court had directed the respondent to
carry out the change of the petitioner's name and issue a fresh birth
certificate. In this case also, the petitioner has already given gazette
publication on 03.11.2020 to correct her name as S.V. Malleswari.
7. Ms.Karthikaa Ashok, learned Standing counsel for the respondent
vehemently opposes the grant of a positive direction by this Court for
correction of birth certificate in favour of the petitioner. According to her,
the petitioner will have to abide by the laws of India and the respondent
only after giving due consideration to the documents submitted by the
petitioner and only in accordance with law has rejected the petitioner's
application seeking for correction in her birth certificate.
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W.P. No.880 of 2021
8. As seen from the Section 15 of the Registration of Births and
Deaths Act, 1969, the respondent is empowered to correct any errors in the
Birth certificate. However, as seen from the impugned order, by total
application of mind to Section 15 of the Registration of Births and Deaths
Act, 1969, the respondent has rejected the petitioner's application seeking
for correction in her birth certificate. Hence, the impugned order will have
to be necessarily quashed, in the light of Section 15 of the Registration of
Births and Deaths Act, 1969.
9. In the decision referred to supra, a positive direction was issued by
this Court for correction of the error that had crept in the birth certificate. In
this case also a positive direction can be given by this Court in view of the
fact that excepting for the birth certificate other Government records
including Passport, School Leaving Certificate, Aadhar card and other
revenue records mentions the name of the petitioner as only Malleswari and
not Maheshwari. No prejudice will be caused to the respondents, if a
positive direction is issued by this Court.
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W.P. No.880 of 2021
10. For the foregoing reasons, the impugned order dated 09.09.2020
passed by the respondent is hereby quashed and the writ petition is allowed
by directing the respondent to correct the error in the birth certificate of the
petitioner by mentioning her correct name as Malleswari instead of
Maheshwari and thereafter issue a fresh birth certificate to her, within a
period of four weeks from the date of receipt of a copy of this order. No
costs. Consequently, connected miscellaneous petition is closed.
19.02.2021
Index: Yes/ No
Internet: Yes/No
Speaking Order/Non-speaking Order
vsi2
To
The Zonal Health Officer (pu.ve)
Birth & death section,
Public health department,
Greater Chennai Corporation,
Rippon building,
Chennai - 600 003.
https://www.mhc.tn.gov.in/judis/
W.P. No.880 of 2021
ABDUL QUDDHOSE, J.
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W.P. No.880 of 2021
19.02.2021
https://www.mhc.tn.gov.in/judis/
