A birth certificate registered pursuant to a judicial decree cannot be amended by administrative authorities unless the underlying decree is modified or set aside by a competent court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-04-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI Radha Shrinivasan ..Petitioner(s)

Vs The Registrar Birth And Death, Cantonment Board, St. Thomas Mount Cum Pallavaram, Chennai ..Respondent(s)

Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent to make appropriate correction or cancellation of entry in the register of birth and death by cancelling the incorrect date of birth given as 09.04.1983 and enter the correct date of birth of petitioner daughter Nirupama Shrinivasan as 09.04.1984 and also to remove the incorrect spelling showing the name of petitioner husband namely Shrinivasan as the father of Nirupama Shrinivasan by considering the representation dated 21.02.2024.

For Petitioner(s): Mr.R.Rajarajan For Respondent(s): Mr.C.Mohan for M/s. King And Partridge

ORDER

The present Writ Petition has been filed seeking a direction to the respondent to make appropriate correction or cancellation of entry in the register of birth and death by cancelling the incorrect date of birth given as 09.04.1983 and enter the correct date of birth of the petitioner’s daughter Nirupama Shrinivasan as 09.04.1984 and also to remove the incorrect spelling showing the name of petitioner husband namely Shrinivasan as the father of Nirupama Shrinivasan by considering the representation dated 21.02.2024. 2. It is the case of the petitioner that the date of birth of her elder daughter namely Nirupama Shrinivasan has been erroneously entered in the birth certificate as 09.04.1983 instead of 09.04.1984 and therefore, in order to rectify the same, the petitioner submitted a representation dated 21.01.2024 to the respondents. However, till date, the said representation has not been considered.

Hence, the petitioner has come forward with the present Writ Petition.

3. Learned counsel appearing for the petitioner submitted that it would suffice, if this Court issues a direction to the respondents to consider the petitioner’s representation dated 21.02.2024 and pass appropriate orders on the same in accordance with law within the time that may be stipulated by this Court.

4. Learned counsel appearing for the respondents submitted that the birth of the petitioner’s daughter was registered solely based on the orders passed by the Sub-Divisional Magistrate Court, Poonamallee and therefore, the petitioner’s request for change of date of birth in the birth certificate of her daughter cannot be acceded to. Accordingly, he prayed for dismissal of the Writ Petition.

5. A perusal of the letter dated 04.07.2024 issued by the respondent reveals that the birth of the petitioner had been registered solely based on the orders passed by the Sub-Divisional Magistrate Court, Poonamallee. Such registration being effected based on a judicial decree, any alternation in the date of birth cannot be undertaken by the respondent in a routine manner unless the said decree is modified or set aside by a competent forum. In the absence of any such modification or valid supporting documents, the relief sought for in this Writ Petition seeking change of date of birth of the petitioner’s daughter cannot be acceded to. Insofar as the request with regard to spelling correction in the name of the petitioner’s husband, liberty is granted to the petitioner to make a appropriate application before the authority concerned.

6. Accordingly, the Writ Petition stands disposed of with liberty to the petitioner to work out the remedy in the manner known to law insofar as the change of date of birth is concerned. There shall be no order as to costs.