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Madras High CourtWP/4079/2023disposed of with direction

Banumathi v. The Commissioner

2025-09-25Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Banumathi ... Petitioner Vs.

The Commissioner, Salem City Municipal Corporation, Salem District.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondent herein to include the name of the petitioner (i.e.,) Banumathi, instead of Reena in the Death Certificate dated 24.10.2017 issued in respect of the petitioner's husband late A.Gnanasekaran, based on the representation of the petitioner dated 30.12.2022 forthwith.

For Petitioner :

Mr.C.Prabakaran For Respondent :

Ms.N.Devi Standing Counsel

O R D E R

This Writ Petition has been filed to direct the respondent herein to include the name of the petitioner (i.e.,) Banumathi, instead of Reena in the Death Certificate dated 24.10.2017 issued in respect of the petitioner's husband late A.Gnanasekaran, based on the representation of the petitioner dated 30.12.2022 forthwith.

2. The case of the petitioner is that the petitioner is the legally wedded wife of her husband late A.Gnanasekaran and out of marriage, they were blessed with a daughter, namely, Sathya. The said Gnanasekaran, who was working as Head Constable, died on 27.09.2017 due to health aliments. In the Death Certificate of her late husband Gnanasekaran, the petitioner's name has been left out in the wife's column, whereas, the name of illegitimate wife, Reena has been included in the wife's column. Hence, the petitioner sent a detailed representation dated 30.12.2022, seeking inclusion of her name in the Death Certificate of her late husband Gnanasekaran. However, no action was taken. Hence, this Writ Petition has been filed.

3. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner submits that this Court may grant liberty to the petitioner to approach the civil Court for appropriate remedy.

4. The learned Standing Counsel appearing for the respondent submits that the petitioner, without producing any document or proof of marriage with A.Gnanasekaran, is seeking correction of the name of wife in the Death Certificate of A.Gnanasekaran and it cannot be considered. Hence, she prays for dismissal of this writ petition.

5. Considering the limited request made by the learned counsel appearing for the petitioner, this Court, without going into the merits of the case, grants liberty to the petitioner to approach the civil Court for appropriate remedy.

6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

25.09.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb To The Commissioner, Salem City Municipal Corporation, Salem District.

M.DHANDAPANI, J.

ssb 25.09.2025