K.Mangayarkarasi v. The Zonal Health Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos.11993 & 11998 of 2025 K.Mangayarkarasi ... Petitioner Vs.

1.The Zonal Health Officer Greater Chennai Corporation Zone 7, Ambattur, Chennai 600 053.

2.The Registrar (Birth & Death) Division 091, Zone 7 Greater Chennai Corporation.

3.T.Karappayee 4.L.Manickama 5.L.Chockalingam 6.C.Nachiappan @ Sundar 7.The Branch Manager State Bank of India Nolambur Branch Plot No.65, HIG, Phase -I Nolambur, Chennai 37.

....Respondents 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the first respondent in proceedings Ma.A.7.Ma.Na.A.7. Na.Ka.No.2288 of 2024 and dated 24.02.2025 and quash the same as illegal, arbitrary, unsustainable and consequently direct the respondents 1 & 2 to issue the corrected death certificate of the petitioner's husband Mr.L.Kathiresan, naming the petitioner's name properly as K.Mangayarkarasi and pass such further or other orders.

For Petitioner : Mr.AR.M.Arunachalam For Respondents : Mr.E.Abinaya Lakshana for Mr.E.C.Ramesh for R1 & R2 Standing Counsel

ORDER

This Writ Petition is filed to call for the records on the file of the first respondent in proceedings Ma.A.7.Ma.Na.A.7. Na.Ka.No.2288 of 2024 and dated 24.02.2025 and quash the same as illegal, arbitrary, unsustainable 2/6

and consequently direct the respondents 1 & 2 to issue the corrected death certificate of the petitioner's husband Mr.L.Kathiresan, naming the petitioner's name properly as K.Mangayarkarasi.

2. The grievance of the petitioner is that the petitioner's husband L.Kathieresan died on 29.11.2024. His death is registered vide registration No.D-2024:33-16415-000109 on 18.12.2024. However, while providing the entries in respect of the death, the name of the petitioner is mentioned as Menaka instead of K.Mangayarkarasi. The case of the petitioner is that the petitioner has a pet name as Menaka whereas the official name is K.Mangayarkarasi. Persons who were present in this spot while giving particulars have given her pet name. The same is only an error and the error has to be corrected.

3. The said request has been rejected by the respondents by impugned order dated 24.02.2025. This Court had earlier considered the Section 15 of the Registration of Births and Deaths Act, 1969 and Rule 11 of the Rules and has held that the respondents have power to correct such errors. 3/6

Adverting to the facts of this case, it is not a case that there is any doubt as to the identity of the petitioner or that there is any rival claim. It is only an error that has crept in while furnishing the details and therefore the same can be corrected.

4. In view thereof, this Writ Petition is allowed at the stage of admission itself. It is stated by the learned counsel for the petitioner that the private respondents 3 to 6 are sailing with the petitioner and they do not have any objection for the claim of the petitioner.

5. In view thereof, this Writ Petition is allowed on the following terms;

(i) The impugned order of the respondents dated 24.02.2025 shall stand set aside;

(ii) The second respondent shall correct the name of the petitioner as K.Mangayarkarasi with reference to the death certificate of her husband bearing Registration No.D2024:33-16415-000109 dated 18.12.2024 and issue the corrected certificate. The above exercise shall be carried out 4/6

within a period of 8 weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of the order.

(iii) No costs. Consequently, connected Miscellaneous Petitions are closed.

26.03.2025 dna To 1.The Zonal Health Officer Greater Chennai Corporation Zone 7, Ambattur, Chennai 600 053.

2.The Registrar (Birth & Death) Division 091, Zone 7 Greater Chennai Corporation.

5/6

D.BHARATHA CHAKRAVARTHY , J.

dna and W.M.P.Nos.11993 & 11998 of 2025 26.03.2025 6/6