Siva vs The Commissioner

Court
Madras High Court

WP(MD) No. 31961 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. 31961 of 2026
CNR:{HCMD011574202026}
Siva
No. 17,
Balaji Avenue,
Kollidam Check Post,
Thiruvanaikovil,
Srirangam,
Trichirappalli 620005
..Petitioner
Vs
1. The Commissioner
Madurai Corporation,
Arignar Anna Maligai,
Outpost,
Thallakulam,
Madurai - 625002Madurai
2. The Assistant City Health Officer
Madurai Corporation,
Arignar Anna Maligai,
Outpost,
Thallakulam,
Madurai - 625002
3. The Birth cum Death Register
Office Of Birth Cum Death Register Office,
Ward No. 97,
98 Gandhiji Street,
Thirumugan Colony,
Madurai 625006
..Respondents
PRAYER: Writ Petition, filed under Article 226 of the Constitution of
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WP(MD) No. 31961 of 2026
India, praying this court to issue a Writ of CERTIORARIFIED
MANDAMUS calling for the entire records relating to the impugned
letter dated Nil. 10.2026 and signed the same on 22.10.2026 in Letter.No.
H5/L1/012865/2026 issued by the 2nd respondent and to quash the same
as illegal and consequently direct the respondents to issue birth certificate
to the petitioner by noting the petitioners date of birth as 02.03.1987
instead of wrongly noted as 03.03.1987 and upload the birth certificate of
the petitioner in the website after taking into consideration of petitioners
Educational Certificates, Aadhar Card, Voter ID and Passport and after
getting undertaking affidavit.
For Petitioner :Mr.M.Lingadurai
For Respondents : Mr.K.Sivabalan
Standing Counsel
ORDER
This Writ Petition is filed, challenging the proceedings of the
second respondent, thereby rejecting the request of the petitioner to
change his date of birth from 03.03.1987 to 02.03.1987 in the register of
birth maintained by the first respondent Corporation and issue a corrected
birth certificate indicating that the petitioner was born on 02.03.1987. The
petitioner is also asking for a consequential mandamus.
2.The limited facts necessary for the disposal of this Writ Petition
are as follows:-
The writ petitioner claims to be born on 02.03.1987 at Thiru Nagar
Hospital, Thiru Nagar within the limits of the Madurai Ccorporation. In
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WP(MD) No. 31961 of 2026
the birth certificate issued by the Madurai Corporation by the Registrar of
birth and death of Madurai Corporation, the date of birth is mentioned as
th th
03.03.1987. In the petitioner’s school certificates like 10 and 12 mark
sheet, the date of birth is mentioned as 02.03.1987. It is similarly
mentioned in his aadhaar card, election voter ID, passport and also his
post graduate degree certificate. Thus other than the birth certificate, in
all other certificates, the date of birth of the petitioner is mentioned as
02.03.1987.
3.Upon the above limited facts Mr.Lingadurai, learned counsel
appearing for the petitioner would contend that the petitioner had recently
got employment in the country of Greece on 08.07.2026 and when he
produced the certificates for initiating the French resident permit, he was
informed that this discrepancy in the date of birth in the birth certificate
will be of difficulty and therefore, he had given a representation to the
respondents, which was ordered to be considered by this Honorable Court
in WP(MD) No.25042 of 2026 dated 01.09.2026. Thereafter, the
impugned order came to be passed, rejecting the records of the writ
petitioner.
4.According to him, the reasons assigned in the impugned order is
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WP(MD) No. 31961 of 2026
unjustifiable. Even in the impugned order, it is recorded that the field
inspection was not fruitful, since the hospital where the petitioner was
born was no longer available and the records are also not available to be
verified or counter-checked. In the absence of those materials, the
respondent corporation cannot come to the conclusion that the petitioner
was not born on 02.03.1987. He would contend that the respondent
authorities should go not by their own presumptions, but should be driven
by the fact that the date of birth is mentioned in all other certificates of
the petitioner only as 02.03.1987. Accordingly, he prayed for allowing
the Writ Petition.
5.Per contra Mr.Sivabalan, learned Standing Counsel appearing for
the respondent corporation would submit that the entry of the date of
birth in the register happened way back in March 1987 and the request for
correction of the date of birth is made after 40 long years. Because of the
long and inordinate delay on the part of the writ petitioner in making such
requests, it has become impossible for the authorities to verify and
counter-check the said claim. He would submit that in any event, the
respondent corporation cannot be compelled to change the date of birth to
02.03.1987, unless and until it is demonstrated that the date of birth is
incorrectly recorded in the original register of birth available with the
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WP(MD) No. 31961 of 2026
Madurai Corporation. Accordingly he prayed for dismissal of the Writ
Petition.
6.The facts are not in dispute. Certainly there is an inordinate delay
and laches on the part of the writ petitioner in seeking correction in the
register of birth and death. Such a request can never be made after 40
long years. Any request for correction of date of birth should be made
within a reasonable time period. However, it has to be noticed that this
Honorable Court, while passing orders on 01.09.2026 in
WP(MD)No.25042 of 2026, had specifically held as follows:-
“4.Taking note of the overwhelming documents
produced by the petitioner indicating that the petitioner-s
date of birth in all the records, barring the Birth
Certificate/Birth Register maintained by the respondent, is
02.03.1987, whereas, in the Birth Register, the petitioner-s
date of birth has been recorded as 03.03.1987, which is at
variance with the other documents.
5.I direct the respondent to consider the petitioner-s
representation dated 24.08.2026 and pass appropriate
orders, within a period of thirty (30) days from the date of
receipt of a copy of this order, since such correction is
required in connection with the petitioner-s employment
abroad.”
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WP(MD) No. 31961 of 2026
7.In the above order, this Court had specifically recorded that the
respondent authorities shall consider the requests of the petitioner by
taking note of the overwhelming documents produced by the petitioner
indicating that the date of birth in all the records, other than the birth
certificate and the birth register is only 02.03.1987.
8.In view of the peculiar facts and circumstances, prevailing in the
present case, even though the petitioner is guilty of delay and laches, this
Court is inclined to come to the rescue of the writ petitioner. Though this
Court cannot find any fault with the Madurai Corporation for refusing to
correct the date of birth, considering the fact that the petitioner has an
earlier direction from this Court to take note of the overwhelming
documents like the school records, passport and all other material records
like Aadhar card, voter ID reflecting the date of birth as 02.03.1987, the
following orders is passed in this writ petition:-
(i)The impugned order dated Nil.10.2026, signed on 22.10.2026, is
hereby set aside
(ii)The respondents are directed to carry out the correction in the
date of birth of the petitioner in the register maintained by them from
03.03.1987 to 02.03.1987.
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WP(MD) No. 31961 of 2026
iii) Thereafter, a corrected extract of the birth register in the form
of a birth certificate shall be issued to the writ petitioner reflecting the
date of birth as 02.03.1987.
8.The above exercise shall be completed within a period of six
weeks from the date of receipt of a copy of this order. With the above
direction, the writ petition stands disposed of. It is made clear that this
limited concession is shown to the petitioner considering the peculiar
circumstances prevailing in the present case and this Court is not laying
down any ratio. No Costs.
11-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
MRN
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WP(MD) No. 31961 of 2026
To
1. The Commissioner
Madurai Corporation
Arignar Anna Maligai
Outpost
Thallakulam
Madurai - 625002Madurai
2. The Assistant City Health Officer
Madurai Corporation
Arignar Anna Maligai
Outpost
Thallakulam
Madurai - 625002
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WP(MD) No. 31961 of 2026
N.DILIP KUMAR, J.
MRN
WP(MD) No. 31961 of 2026
11-11-2026
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