WP(MD)/31961/2026 of Siva Vs The Commissioner on 11 November 2026

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

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 03.03.1987. In the petitioner’s school certificates like 10th and 12th 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

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

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.”

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.

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

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

WP(MD) No. 31961 of 2026 N.DILIP KUMAR, J. MRN WP(MD) No. 31961 of 2026 11-11-2026