W.A. 670/16 and C.M.P No: 8785 of 2016
The Commissioner vs S.K.Syed Rafiullah
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 the 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 canceled, correct the error or cancel the entry
by the suitable entry in the margin, without any alternation of the original
entry, and shall sign the marginal entry and add thereto the date of the
correction or cancellation.
The above section provides the procedure to be followed by the Registrar on such an application being made. He is vested with the power to correct the error or cancel the entry by suitable entry in the margin, without any alternation of the original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation. It does not necessarily mean that the entry cannot be made by way of alteration. What is contemplated is that in the place of entries being made, on the satisfaction of the Registrar, he can only make a marginal entry and not alter the original entry.