Muthulakshmi.G v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-02-2025

CORAM

THE HONOURABLE MR JUSTICE J.SATHYA NARAYANA PRASAD Muthulakshmi.G W/o Late Govindaraj No.108 East Namachivayapuram Choolaimedu Chennai - 94.

Petitioner(s) Vs

1. The Commissioner, Greater Chennai Corporation, Ribbon Building, Chennai - 600003.

2.Regional Health Officer, Vital Statistics General Health Section, Rippon Building, Chennai - 600003.

3.Health Officer, General Health Section, Rippon Building, Chennai - 600003.

4.The Registrar of Birth & Death Certificates, No.359, DPH Campus, Anna Salai, Chokkalingam Nagar, Teynampet, Chennai, Tamil Nadu - 600 006.

**R4 suo motu impleaded by this Court vide order dated 28.02.2025 Respondent(s) 1/6

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 respondents to issue a corrected the death certificate of the petitioner's husband, Govindaraj instead of Govindasamy vide representation dated 25.01.2025 within the stipulated time.

For Petitioner :

Mr.B.Thennarasu For R1 to R3 :

Mr.A.Arunbabu, Standing Counsel For R4 :

Mr.K.Tippu Sulthan, Government Advocate

O R D E R

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 respondents to issue a corrected death certificate of the petitioner's husband, Govindaraj, instead of Govindasamy, vide representation dated 25.01.2025.

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3. Learned counsel appearing for the petitioner would submit that the petitioner's husband, Mr.Govindaraj, had passed away on 11.07.2011. However, while issuing the death certificate, the respondents wrongly issued the death certificate of the petitioner's husband as Govindasamy instead of Govindaraj and all the documents pertaining to the petitioner's husband the name were shown as Govindaraj.

4. Learned counsel would further submit that the petitioner sent a representation to the respondents dated 25.01.2025 to correct the death certificate of her husband. Even after receipt of the representation, the respondents neither corrected her husband's death certificate nor considered the petitioner's representation. Hence, the writ petition is filed.

5. Learned standing counsel appearing for respondents 1 to 3 would submit that the Competent Authority to issue the death certificate is the Registrar of Birth and Death Certificates, who is not a party in the above writ petition.

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6. Heard both sides and perused the materials available on record.

7. In view of the above submission made by the learned standing counsel, this Court suo motu impleads "The Registrar of Birth & Death Certificates, No.359, DPH Campus, Anna Salai, Chokkalingam Nagar, Teynampet, Chennai, Tamil Nadu - 600 006" as the 4 th respondent in the above writ petition.

8. Without going into the merits of the case, this Court is inclined to pass the following directions:

a) The petitioner is directed to give a fresh representation to the 4 th respondent 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 4 th respondent is directed to consider the same on merits, in accordance with law, and pass appropriate orders to issue a fresh corrected death certificate of the petitioner's husband within a period of six (6) weeks from the date of receipt of a copy of this order.

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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 To 1.The Commissioner Greater Chennai Corporation, Ribbon Building, Chennai 600003.

2.Regional Health Officer, Vital Statistics General Health Section, Rippon Building, Chennai 600003.

3.Health Officer General Health Section Rippon Building, Chennai 600003.

4.The Registrar of Birth & Death Certificates, No.359, DPH Campus, Anna Salai, Chokkalingam Nagar, Teynampet, Chennai, Tamil Nadu - 600 006.

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J.SATHYA NARAYANA PRASAD J.

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