S.Jayanthi v. The Dean
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-02-2025
CORAM
THE HONOURABLE MR JUSTICE J.SATHYA NARAYANA PRASAD
1. S.Jayanthi W/o. Late K. Srinivasan, No. 2/266 Paladam Road, Netta Velangadu, Mangalam, Thirupur 641 663.
2.S. Jayashree D/o. Late . K. Srinivasan, No. 2/266 Paladam Road, Neta Velagadu, Mangalam, Thirupur 641 663.
Petitioner(s) Vs 1.The Dean, Government Stanley Hospital, Chennai 600 001.
2.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai 600 003.
Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus, directing the 1 st Respondent to correct the above said errors in their records 1/6
based on the representation dated 06.09.2024 and consequently to direct the 2 nd respondent to issue fresh corrected death certificate by incorporating the original and correct names as per the representation and to pass such further orders.
For Petitioners :
Mr.S.Suriya Prakash For R1 :
Mr.K.Tippu Sultha, Government Advocate For R2 :
Mr.D.B.R.Prabhu
ORDER
With the consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
2. This writ petition has been filed for issuance of a Writ of Mandamus, directing the 1 st Respondent to correct the above said errors in their records based on the representation dated 06.09.2024 and consequently to direct the 2 nd respondent to issue a fresh corrected death certificate by incorporating the original and correct names as per the representation. 2/6
3. The case of the petitioners is that the father of the 1 st petitioner, i.e, the husband of the second petitioner, namely, K.Srinivasan met with a road accident on 31.08.2023 when he was driving an auto rickshaw bearing No.TN-03-AH3431 at Manali, Express Salai, Thiruvottiyur, and died on 02.09.2023 at Government Stanley Hospital Chennai. The accident was registered in FIR Cr.No.548/RH3/2023, by the Redhills Traffic Investigation Police, Madhavaram Milk Colony Police Station, Chennai-600051. The 2 nd respondent wrongly entered the above said late K.Srinivasan's father's name as Govindan instead of Kolappan and also wrongly entered his wife's name as Dhanalakshmi instead of S.Jayanthi (1 st petitioner herein) in the death certificate.
It is also disclosed by the 2 nd respondent that the death certificate was issued on the particulars given by the 1 st respondent. Therefore, the 2 nd second instructed the petitioners to give a representation to the 1 st respondent to rectify the above said errors in the Hospital records. Immediately, the petitioners submitted a letter dated 30.01.2024 to the 1 st respondent to rectify the above said errors. However, the 1 st respondent failed to rectify the errors.
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4. Learned counsel appearing for the petitioners would submit that the petitioners gave a representation to the 1 st respondent dated 06.09.2024 to carry out the above said corrections in the hospital records, and the same was acknowledged by the Assistant Resident Medical Officer, Government Stanley Hospital. Even after the receipt of the said representation, the 1 st respondent has not responded and did not rectify the said errors in their records. Hence, the writ petition is filed.
5. Learned Government Advocate appearing for the 1 st respondent would submit that no documents have been enclosed by the petitioners in their representation dated 06.09.2024 submitted to the 1 st respondent, and he further submitted that if the fresh representation is submitted to the 1 st respondent along with the relevant documents, the same would be considered on merits, in accordance with law, within a time frame stipulated by this Court.
6. Heard both sides and perused the materials available on record. 4/6
7. Without going into the merits of the case, this Court is inclined to pass the following directions:
a) The petitioners are directed to give a fresh representation enclosing all the relevant documents within a period of two weeks from the date of receipt of a copy of this order.
b) On receipt of the said representation, the first respondent is directed to consider the same on merits, in accordance with law, and pass appropriate orders to the 2 nd respondent to issue a fresh corrected death certificate within a period of four (4) weeks from the date of receipt of a copy of this order.
In the result, the writ petition stands disposed of with the above observations and direction. No costs.
28-02-2025 cda Index:Yes/No Speaking/Non-speaking order Internet:Yes 5/6
J.SATHYA NARAYANA PRASAD J.
cda To 1.The Dean Government Stanley Hospital, Chennai 600 001.
2.The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai 600 003.
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