Rajalakshmi v. The Health Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.03.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
1. Rajalakshmi
2. R.Mohanraj
3. R.Manoraj
4. R.Mahimita .. Petitioners
Versus
1. The Health Secretary, Government of Tamilnadu, Secretariat, St. George Fort, Chennai - 600 009.
2. The Collector, Rajaji Salai, Chennai District, Chennai - 600 001.
3. The Commissioner, Great Chennai Corporation, Rippn Building, Chennai - 600 003.
4. The Zonal Officer/Health Officer, Zone V, Greater Chennai Corporation, Chennai - 600 021.
.. Respondents 1/7
Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the 3rd and 4th respondents, to correct the name of 1st petitioner and her father-in-law, in the death certificate, issued by the 4th respondent, dated 07.03.2023 within a time fixed and protect the petitioners lawful right under the Registration of Birth and Death Act, 1969 by this Court.
For Petitioner : Mr.R.Jaganathan For Respondents : Mr.K.Tippu Sultan, Government Advocate for RR-1 and 2 : Mr.Raghul Aditya, for Ms.P.T.Ramadevi, Standing Counsel for RR-3 and 4
ORDER
The prayer in the Writ Petition is for a direction to the respondent Nos.3 and 4 to make certain corrections in the death certificate that was issued in respect of the death of the first petitioner's husband.
2. According to the first petitioner, when her husband, Rajasekar, died 2/7
on 16.02.2023, the persons present in the spot, while giving the particulars of entry relating to the death certificate, erroneously mentioned the name of the father of her husband as 'Govindhan' instead of 'S.Govindasamy'. Similarly, in respect of the name of the wife, instead of mentioning the correct name of 'Rajalakshmi', they have given the pet name as 'Mery'. Therefore, the petitioner is seeking to correct the said mistakes by way of the representation, dated 03.01.2024.
3. This Court, in Minor S.Jeganathan Vs. The District Collector & Anr., in W.P.No.8959 of 2021 has already considered the issue and taken into account Section 15 of the Registration of Births and Deaths Act, 1969, and Rule 11 of the Tamil Nadu Registration of Births and Deaths Rules, 2000 and held that the authorities have power to correct the erroneous entries that are made in the registers.
4. In view thereof, in this case, it can be seen that from the death 3/7
certificate of S.Govindasamy and all other records of the first petitioner, the address is correctly mentioned as Bajanai Kovil Street, Lakshmi Puram, Rettari, Kolathur. The second fact that this Court takes into consideration is that there is no other rival claim disputing the identity that Rajalakshmi and Mery are the same persons and that Govindhan and S.Govindasamy are the same persons. In that view of the matter, when the entry is only by way of an error in writing the correct entries, then, there is no impediment for the respondents to correct the same.
5. In view thereof, this Writ Petition is ordered on the following terms:- (i) The fourth respondent is directed to carry out the correction in the death certificate of the first petitioner's husband bearing registration No.D2023:33-16603-001009, dated 06.03.2023 and in respect of the column, the name of the father, as S.Govindasamy instead of Govindhan and in the name of husband/wife, Rajalakshmi instead of Mery; 4/7
(ii) The said exercise shall be completed within a period of eight weeks from the date of receipt/production of a web-copy without waiting for a certified copy of this order;
(iii) There shall be no order as to costs.
20.03.2025 (2/2) : no grs To
1. The Health Secretary, Government of Tamilnadu, Secretariat, St. George Fort, Chennai - 600 009.
2. The Collector, Rajaji Salai, Chennai District, Chennai - 600 001.
3. The Commissioner, Great Chennai Corporation, Rippn Building, Chennai - 600 003.
4. The Zonal Officer/Health Officer, Zone V, Greater Chennai Corporation, Chennai - 600 021.
5/7
D.BHARATHA CHAKRAVARTHY, J.
grs and W.M.P.No.7602 of 2024 6/7
20.03.2025 7/7