S.K.Pulithevanpandian vs The District Collector
- Court
- Madras High Court
WP(MD) No. 31931 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH
COURT
DATED: 11-11-2026
CORAM
THE HON'BLE MR.JUSTICE N.DILIP KUMAR
WP(MD) No. 31931 of 2026
CNR:{HCMD011574642026}
S.K.Pulithevanpandian
S/o.Karunagaran,
No.9, D- Block, Chekkalaikottai,
Karaikudi,
Sivagangai District
..Petitioner
Vs
1. The District Collector
Madurai DistrictMadurai
2. The Commissioner
Melur Municipality,
Madurai District
3. The Registrar of Birth and Death
Melur Municipality,
Melur,
Madurai District
..Respondents
PRAYER: Writ Petition filed under Article 226 of the
Constitution of India, praying this Court to issue a Writ of
CERTIORARIFIED MANDAMUS, calling for the records
nd
relating to the impugned proceedings of the 2 respondent in
Na.Ka.No.2023/H1/2026, dated 14.10.2026, quash the same as
illegal, arbitrary and contrary to law, and consequently direct the
respondents 2 and 3 to consider the petitioners application dated
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26.09.2026 and issue a corrected birth certificate in respect of the
petitioners son, recording his name as P.MUKESHBALA instead
of Murukeshbala.
For Petitioner :Mr.R.Paranjothi
st
For 1 Respondent : Mr.T.Thirumurugan
Special Government Pleader
nd
For 2 Respondent : Mr.G.Suriya Ananth
Standing Counsel
ORDER
This Writ Petition is filed, challenging the proceedings of
the Commissioner of Melur Municipality dated 14.10.2026,
thereby rejecting the request of the petitioner to change the name
of the son of the petitioner in the birth certificate issued by the
second respondent Municipality as P.Mukesh Bala instead of
Murukesh Bala. The petitioner is also asking for a consequential
mandamus, to direct the respondents 2 and 3 to issue a corrected
birth certificate.
2.The facts necessary for the disposal of this Writ Petition
are as follows:-
The writ petitioner is married to one Maheshwari. Out of the
wedlock, they have a boy born on 13.06.2005. The name of the
boy child in the birth certificate issued by the second respondent is
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mentioned as Murukesh Bala. In all other certificates like the
disability certificate, Aaadhar card and school certificates, the
name of the boy child is mentioned as Mukesh Bala. The petitioner
had also caused the publication in the Tamil Nadu Government
Gazette dated 21.02.2024, that the name of the boy child shall only
be Mukesh Bala. When a request was made to the second
respondent Municipality to issue a birth certificate with the name
of the boy child mentioned as Mukesh Bala instead of Murukesh
Bala, the same is rejected under the impugned communication on
the premise that there is no statutory provision enabling such
rectification. Rather the impugned communication advises the
petitioner that the change of the name published in the
Government Gazette is more than sufficient.
3.Challenging the above communication and with a
consequential mandamus, this Writ Petition is filed.
4.Mr.R.Paranjothi learned counsel appearing for the
petitioner places reliance upon two judgments of this Honourable
Court in WP(MD) No.16444 of 2025 dated 19.06.2025 and
WP(MD)No.25124 of 2024 dated 02.09.2024, to support his
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contentions.
5.He would pray that the expression cancellation and
correction in the statutory provision of the Registration of Birth
and Death Act, 1969, includes even substitution of names.
Accordingly, he would submit that the rejection order by the
second respondent Municipal Commissioner of Melur is without
any justification. He would also bring to the notice of this Court
that the child is suffering from mental disability and requires
continuous support from the parents and the reflection of the
correct name in all the records including the birth certificate is of
significance. Accordingly, he prayed for allowing of the writ
petition.
6.Per contra the learned Special Government Pleader and the
learned Standing Counsel for the respondents 1 and 2 respectively
would submit that Section 15 of the Registration of Birth and
Death Act, 1969, provides only for correction or cancellation of
entry in the register of birth and death and it does not enable
change of name to be entered in the already available register of
birth in the second respondent Municipality. Accordingly, they
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prayed for passing of appropriate orders.
7.Section 15 of the Tamil Nadu Registration of Birth and
Death Act, 1969, 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.”
8.Rule 11 of the Tamil Nadu Registration of Birth and Death
Rules, 2025, reads as under:-
“11. Correction or cancellation of entry in the register
of births and deaths under section 15 (1) If it is reported
to the Registrar that a clerical or formal error has been
made in the register or if such error is otherwise noticed
by him and if the register is in his possession, the
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Registrar shall enquire into the matter and if he is
satisfied that any such error has been made, he shall
correct the error (by correcting or canceling the entry)
as provided in section 15 and shall in the case of local
authorities specified in column (1) of the Table below
send an extract of the entry showing the error and how
it has been corrected to the officer specified in column
(2) thereof.
Local Authorities (1) Officers (2)
Village Panchayat Village Panchayat
President
Town Panchayat Executive Officer
Contonment do
Municipality Commissioner
Neyveli Lignite
Corporation
Chief Health
Officer
Corporation Commissioner
(2) In the case referred to in the sub-rule (1) if the
register is not in his possession, the Registrar shall
make a report to the officer specified in the table in sub-
rule (1) and call for the relevant register and after
enquiring into the matter, if he is satisfied that such
error has been made, necessary correction.
(3) Any such correction as mentioned in sub-rule (2)
shall be countersigned by the officer specified in the
Table in sub-rule (1) in this behalf when the register is
received from the Registrar.
(4) If any person asserts that any entry in the register of
births and deaths is erroneous in substance, the
Registrar may correct the entry in the manner
prescribed under section 15 upon production by that
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person a declaration setting forth the nature of the error
and true facts of the case made by two credible persons
having knowledge of the facts of the case.
(5) Not withstanding anything contained in sub-rules (1)
and (4), the Registrar shall make a report of any
correction of the kind referred to therein giving
necessary details to the officer specified in the table in
sub-rule (1).
(6) If it is proved to the satisfaction of the Registrar that
any entry in the register of births and deaths has been
fraudulently or improperly made, he shall make a report
giving necessary details to the officer authorized by the
Chief Registrar by general or special order in this
behalf under section 25 and on hearing from him take
necessary action in the matter.
(7) In every case in which an entry is corrected or
cancelled under this rule, intimation thereof should be
sent to the permanent address of the person who has
given information under section 8 or section 9.”
9.The question that arises is whether the change of name or
alteration of name or the spelling of the name can be brought
within the purview of correction or cancellation of entry in the
register of birth and death. In this regard, useful reference can be
made to the judgment of the learned Judge of this Honourable
Court in WP(MD)No.16444 of 2025 – M.Pandi Selvi v. the
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District Collector and two others decided on 19.06.2025, wherein
the learned Judge has held as follows:-
“5. The interpretation placed by the respondents on
Section 15 of the Registration of Birth and Deaths Act,
1969 and Rules, stating that only cancellation and
corrections can be made and no alternation is made
cannot be coutenanced. The expression cancellation
and correction would include even the substitution of
the name. Hence, the interpretation placed by the
respondents is incorrect and the impugned order is
liable to be quashed. “
10.The above judgment is categorical in holding that even
substitution of name can be permitted and be brought within the
purview of the expression “cancellation and correction” mentioned
in Section 15 of the Act.
11.In the light of the categorical pronouncement made by
the learned Single Judge of this Honourable Court, this Court is of
the considered opinion that a similar benefit can as well be
extended to the petitioner in this case as well.
12.Further it is to be noted that the name of the intellectually
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challenged boy child is mentioned only as P.Mukesh Bala in all
the other records like the aadhaar card, disability certificate, school
records, the continuation of the name as Murukesh Bala in the
birth certificate alone will cause serious difficulties to the
differently abled child. Accordingly the Writ Petition stands
allowed with the following directions:-
(i)The impugned order dated 14.10.2026, passed by the
second respondent is hereby set aside.
(ii)The second and third respondents are hereby directed to
carry out corrections in the register of birth maintained by the
respondents and correct the name of the boy child from Murukesh
Bala to P.Mukesh Bala.
(iii)Thereafter, a corrected certificate mentioning the name
of the boy child as P.Mukesh Bala shall be issued.
13.The above exercise shall be completed within a period of
six weeks from the date of receipt of a copy of this order. No costs.
11-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
MRN
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WP(MD) No. 31931 of 2026
To
1. The District Collector
Madurai DistrictMadurai
2. The Commissioner
Melur Municipality
Madurai District
3. The Registrar of Birth and Death
Melur Municipality
Melur
Madurai District
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WP(MD) No. 31931 of 2026
N.DILIP KUMAR, J.
MRN
WP(MD) No. 31931 of 2026
11-11-2026
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