Pushpa v. The Registrar Of Births And Deaths,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 09.04.2025 Coram:

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Pushpa, F/A. 69 Yrs, W/o. Late V.K.Swamy, No.4/1403, Thendral Nagar Madhurapuri Village, Thuraiyur Taluk, Tiruchirappalli District .... Petitioner versus The Registrar of Births and Deaths, Division No:59A, Zone :05, Greater Chennai Corporation.

Rippon Buildings, Basin Bridge Road, Chennai - 600 021.

... Respondent Writ Petition has been filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, seeking direction towards the Respondent herein to consider the Petitioner's representation dated 01.03.2025 and consequently direct the Respondent herein to issue the corrected Death Certificate of Petitioner's husband.

For Petitioner : Mr.J.Jayan For Respondent : Mr.S.Gopinathan, Standing Counsel, 1/5

O R D E R

The prayer in the writ petition is to correct the entry in the death certificate.

2. The grievance of the petitioner is that one V.K.Swamy is the husband of the petitioner. He died on 04/08/2022. However, while furnishing the particulars in respect of his death, her name was wrongly mentioned as 'Avvai' instead of 'Pushpa'. The same was only a mistake and there is no any rival claim. There is no other person even claiming to be the wife of the said V.K.Swamy. The petitioner is the only person and all her records including the Pension Payment Order etc., all bears the name only as 'Pushpa' and not 'Avvai'. Therefore, the petitioner is before this Court to correct the said entry.

3. The Learned Counsel appearing on behalf of the respondent would submit that the respondent cannot go into the question if there is any rival claim. In this case, the assertion made by the petitioner that there is no other rival claim is recorded. It is the case of the petitioner that it is only a genuine mistake while furnishing the particulars.

2/5

4. In view of Section 15 of the Tamil Nadu Registration of Births and Deaths Act, 1899 read with Rule 11 of the Rules, any erroneous particulars that are given can be corrected.

5. In view thereof, the writ petition is disposed of on the following terms:

(i) The first respondent shall take up the representation of the petitioner dated 01.03.2025 and correct the name of the entry in the aforementioned and death certificate as Pushpa instead of Avvai. (ii) The said exercise shall be carried on within a period of 12 weeks from the date of receipt of the web copy of the order without waiting for the certified copy of the order.

There shall be no order as to costs.

09.04.2025 bsm 3/5

To,

1. The Registrar of Births and Deaths, Division No:59A, Zone :05, Greater Chennai Corporation.

Rippon Buildings, Basin Bridge Road, Chennai - 600 021.

2. The Government Pleader, High Court, Madras. 4/5

D.BHARATHA CHAKRAVARTHY,J.

bsm 09.04.2025 5/5