Madras High CourtWP/10886/2021disposed of

Mrs.N. Noorjahan v. The Asssitant Commissioner

2021-06-18Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2021

CORAM:

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.10886 of 2021 Mrs.N.Noorjahan ..

Petitioner vs.

The Assistant Commissioner, Zonal Office, Zone-5, Chidambara Nagar, Basin Bridge, Chennai.

Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondent to complete the enquiry and pass orders on the representations of the petitioner dated 17.03.2020 and 13.07.2020 for incorporating the name of the petitioner in the column of wife and issue a fresh Death Certificate of Nizam Ahmed within a period as specified by this Court. For Petitioner : Mr.P.N.Vignesh For Respondent : Mrs.P.T.Rama Devi Standing Counsel

O R D E R

It is the case of the petitioner that she had married one Mr.Nizam Ahmed on 11.10.1985 and begot a male child during 1987 and subsequently, her husband had developed illicit affair with another widow and therefore, she had filed a Maintenance Case before the Family Court, which had ended in compromise. The petitioner would further claim that even after the said compromise, her husband continued with such illicit affair and on 20.02.2020 her husband died and however to her shock and surprise, she came to know that Mrs.Siraj Begam, with whom her husband had illicit affair, had managed to obtain death certificate incorporating her name as wife of Mr.Nizam Ahmed. The petitioner, in this regard, has submitted representations dated 17.03.2020 and 13.07.2020 to the respondent to rectify the details in the death certificate and inspite of repeated reminders, the respondent had failed to take any action and https://hcservices.ecourts.gov.in/hcservices/

therefore, he has filed the present writ petition.

2. Mrs.P.T.Rama Devi, learned Standing Counsel appearing for the respondent Corporation would submit that based on the representation of the petitioner, enquiry was conducted and concluded on 19.08.2020 and final orders will be passed at the earliest.

3. In view of the aforesaid submission made by the learned Standing Counsel for the respondent and considering the limit scope of prayer sought for by the petitioner, this Court, without expressing any opinion on merits, directs the respondent to consider the petitioner's representations dated 17.03.2020 and 13.07.2020 and pass orders on merits and in accordance with law as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order.

4. This Writ Petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar Jvm To The Assistant Commissioner, Zonal Office, Zone-5, Chidambara Nagar, Basin Bridge, Chennai.

+1cc to Mrs.P.T.Rama Devi, Advocate, S.R.No.28318 W.P.No.10886 of 2021 PL(CO) CB(19/07/2021) https://hcservices.ecourts.gov.in/hcservices/