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2026 Supreme(Online)(Mad) 42093

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. Bharatha Chakravarthy, J
Vimala – Appellant
Versus
Director, Public Health and Preventive Medicine – Respondent
W.M.P(MD)No.10190 of 2026



Advocates:
For the Appellants/Petitioners: A.D. Ganeshamoorthi
For the Respondents: P. Thambidureai, H. Arumugam

Registering authorities under birth and death registration laws possess the power to correct clerical errors in birth certificates even after one year, provided sufficient documentary proof is furnished to establish the correct particulars.

Headnote:The petitioner sought to correct her son's birth certificate by changing the father's name from 'Arumugapandian @ Stalin' to 'Arumugapandi Stalin'. The request was initially rejected by the registering authority due to software limitations and delay beyond one year. The Court examined the request under the purview of its writ jurisdiction under Article 226 of the Constitution of India. The Court addressed the issue of whether a registering authority can refuse to correct clerical errors in birth records after the lapse of one year. The ratio is that registering authorities have the inherent power to correct clerical errors in birth certificates to reflect official documents like Aadhar and community certificates. Denying such corrections where sufficient proof is provided serves to perpetuate a mistake rather than rectify it. The impugned order is quashed and the matter is remanded to the first respondent with directions to effect the correction within ten weeks.

Table of Content
1. factual context of erroneous birth certificate details and administrative rejection. (Para 1 , 2 , 3)
2. authority of registering bodies to correct clerical errors based on documentary evidence. (Para 4 , 5 , 6)
3. remand of matter for correction of records. (Para 7)

O R D E R

This writ petition is filed challenging the impugned order dated

29.10.2025.

2.By the said communication, the first respondent has refused the prayer of the petitioner to make a correction in the birth certificate issued to the son of the petitioner. The correction sought for is with reference to the name of the father of the person born. It is mentioned as Arumugapandian @ Stalin in the certificate, whereas the correct name is Arumugapandi Stalin.

3.When the prayer is made to the second respondent, since it is made beyond the period of one year, the second respondent has forwarded it to the first respondent, who is said to be the competent authority. As it is pleaded by the 2nd respondent before this Court that the provision in the software is not available for the second respondent to carry out the said correction at this period of time. The first respondent upon being forwarded has rejected the same by holding that such a correction cannot be made.

4.The learned Government Advocate appearing on behalf of the first respondent would submit that considering the rule position orders have been passed.

5.I have considered the rival submissions made on either side and perused the material records of the case.

6.It is settled law that any error including the names of the parents etc in the birth certificate can be corrected by the registering authorities. Therefore, when it is now pleaded by the 2nd respondent that the domain availability is only with the first respondent to make out the corrections, the first respondent ought to have made the correction and ought not to have rejected the request. As a matter of fact, ample proof is filed before this Court by filing Aadhar card, community certificate etc, in respect of the said person, who seems to be named only as Arumugapadi Stalin and not Arumugapandian @ Stalin.

7.In view thereof, the law leans in favor of only correction of a mistake and not perpetrating the same, this writ petition is ordered on the following terms:

(i)The impugned order dated 29.10.2025 shall stand quashed and the matter shall stand remanded back to the file of the first respondent.

(ii)The first respondent shall carry out the correction as prayed for and the corrected birth certificate be uploaded by the 2nd respondent.

(iii)The aforesaid excise shall be completed as expeditiously as possible, in any event not later than 10 weeks from the date of receipt of the web copy of the order.

(iv)No costs. Consequently, connected miscellaneous petition is closed.

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