The Registrar of Births and Deaths is statutorily authorized under Section 15 of the Registration of Births and Deaths Act, 1969, to correct clerical or substantial errors in birth certificates following a due enquiry.

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO CORRECT AND RECTIFY THE NAME OF THE PETITIONER NO.1 IN THE BIRTH CERTIFICATE OF PETITIONER NO.2 FROM S. VIJAYALAKSHMI TO THAT OF VIDYA LAKSHMI J VIDE ANNEXURE-A AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.I.ARUN

ORAL ORDER

The petitioners have sought correction of the name of petitioner No.1 in the birth certificate of petitioner No.2, who is the son of petitioner No.1.

The case of the petitioners is that the name of petitioner No.1 has been erroneously shown as "S.Vijaya Lakshmi instead of "Vidya Lakshmi J" in the birth certificate. Hence, they made a request for correction. However, no decision has been taken by respondent No.2 in this regard. Hence, the present writ petition is filed with the following prayers:

"a. Issue a Writ of Mandamus or any other Writ directing the Respondents to correct and rectify the name of the Petitioner No.1 in the birth certificate of Petitioner No.2 from "S.Vijaya Lakshmi" to that of "Vidya Lakshmi J" vide Annexure-'A'

b. Pass any such further orders as this Hon'ble court may deems as fit in the interest of justice and equity."

Section 15 of the Registration of Births and Deaths Act, 1969 (for short, 'the Act') reads as under:

"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."

Whether it is a clerical error or a substantial error in any of the names in the birth certificate can be corrected by respondent No.2, after due enquiry, under the aforementioned provisions.

The learned counsel appearing for the respondents submits that the appropriate orders will be passed in terms of Section 15 of the Act. Hence, the following:

ORDER

i. Respondent No.2 is directed to act on the representation of the petitioners and pass appropriate orders within a period of three (03) weeks from the date of receipt of certified copy of this order.

ii. The Writ Petition stands disposed of accordingly.