N.K.Sivakumar v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:21.03.2025 Coram:

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY N.K.Sivakumar, S/o N.J.Krishnaswamy, No.7/4, Nattu Muthu Street, (Entrance from Eldama Road), Teynampet, Chennai 600 018.

.. Petitioner /versus/ 1.The Commissioner, Greater Chennai Corporation, Rippon Building, Chennai 600 003.

2.The Registrar of Births and Deaths, Greater Chennai Corporation, Zone 9:Division 115, No.8, Lake Area, 4th Cross Street, Nungambakkam, Chennai 600 034.

.. Respondents Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents herein to include the parents name of the deceased N.K.Kalyani, W/o N.J.Krishnaswamy, No.7/4 NattuMuthu Street, Teynampet, Chennai 600 018 in the death Certificate based on the letters of the petitioner dated 1/6

22.04.2024 and 07.05.2024 respectively by fixing a time limit. For Petitioner :Mr.N.K.Sivakumar, P-in-P For Respondents :Mr.D.B.R.Prabhu , Chennai Corporation for R1 and R2 -----

ORDER

The Writ Petition is filed to include the name of the parents of N.K.Kalyani, the mother of the petitioner in the death certificate bearing registration number D-2024-33-16443-000045 issued to the said N.K.Kalyani.

2. According to the petitioner, while giving the particulars, after the death of the petitioner's mother, the persons present in the spot did not know the name of the grand-parents and therefore, the particulars was not given and therefore, the columns: the name of the mother and the name of the father are left bank. The name of the mother is N.V.Rajalakshmi and the name of the father is N.Venkatakrishnan. When the petitioner made a representation to the said effect, the respondents are not making those entries and therefore, the petitioner is before this Court. 2/6

3.Mr.D.B.R.Prabhu, learned counsel appearing on behalf of the respondents would submit that the petitioner has not produced any single document to show that only the aforesaid N.V.Rajalakshmi and N.Venkatakrishnan are the parents of the deceased N.K.Kalyani.

4. I have considered the rival submissions made on either side and perused the material records of the case.

5. The approach of the respondents in not entering the names in the absence of any proof cannot be found fault with. However, in the peculiar facts and circumstances of the instant case, where there is no rival claim and when the petitioner is asserting that the aforementioned two persons are only the parents of N.K.Kalyani, and especially the said N.K.Kalyani herself died at the age of 82 years, in view of the efflux time, when the petitioner submits that there is no other proof, the same is taken account by this Court. The petitioner wants only the completion of the records. Therefore, in view of the same, the writ petition is allowed on the following terms:- (1)The respondents are directed to fill up the 3/6

column relating to the name of the mother N.V.Rajalakshmi and name of the father N..Venkatakrishnan with reference to the death certificate of the late N.K.Kalyani in registration number D-2024-33-16443-000045 by mentioning the name of N.V.Rajalakshmi as mother and N.Venkata Krishnan as father.

(2)The petitioner shall also file a Notarized affidavit before the second respondent declaring and emphasising that the said persons are only the parents and there is no other dispute or any rival claim in this matter.

(3)Upon receipt of the said affidavit along with the web copy of this order, the entries will be carried out. The said exercise shall be completed within a period of 3 weeks from the date of receipt of the affidavit. The parties shall act upon receipt of the web copy of the order, without waiting for the certified 4/6

copy of the order. No costs.

21.03.2025 ari To 1.The Commissioner, Greater Chennai Corporation, Chennai 600 003.

2.The Registrar of Births and Deaths, Greater Chennai Corporation, Zone 9:Division 115, No.8, Lake Area, 4th Cross Street, Nungambakkam, Chennai 600 034.

D.BHARATHA CHAKRAVARTHY,J.

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