R.Usharani@Nandhini v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-06-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. R.Usharani@ Nandhini W/o.Late.S.Ravikumar, 57, New Sastri Nagar Main Road, Ponniammanmedu, Kolathur, Chennai-600 099.

Petitioner(s) Vs

1. The Commissioner Greater Chennai Corporation, Ripon Building, Chennai-600 003, 2.Assistant Engineer Division 100 (Zone 8), Chennai Corporation, Anna Nagar, Chennai-40.

[The 2 nd respondent is deleted as per order dated 04.06.2025 by NAVJ] The City Health Officer, Zone VIII, Greater Chennai Corporation, Chennai [Suo-motu impleased as the 2 nd respondent vide order dated 04.06.2025 by NAVJ]

3.Sri Devi W/o. Late.S.Ravikumar, No.3/2A, 1st Street, Semathamannan Colony, Mangalapuram, Perambur, Chennai-600 012.

Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Mandamus to direct the 2nd respondent to consider the representation dated 03.03.2025 to rectify the 3rd respondent name wrongly mentioned in the death certificate dated 30.12.2023 and consequently direct the 2nd respondent to issue fresh death certificate in accordance with law. For Petitioner(s):

Mr.R.Ravindra Ram For Respondent(s):

Mrs.Aswini Devi, Standing counsel for R1 and R2

ORDER

The Assistant Engineer, Division 100 (Zone 8), Chennai Corporation, who has been shown as the 2 nd respondent in this writ petition is deleted and instead, the City Health Officer, Zone VIII, Greater Chennai Corporation, Chennai, is suo-motu impleaded as the 2 nd respondent in this writ petition.

2.

This writ petition has been filed for the issue of writ of Mandamus directing the 2 nd respondent to consider the representation dated 03.03.2025

wherein the petitioner has sought for the rectification of the name in the death certificate dated 30.12.2023 and for issuance of a fresh death certificate. 3.

Heard Mr.R.Ravindra Ram, learned counsel for the petitioner and Mrs.Aswini Devi, learned Standing counsel for respondents 1 and 2. 4.

The case of the petitioner is that late S.Ravi Kumar was married to one Sridevi. They had a daughter out of the said wedlock. This marriage was dissolved by the judgement passed by the First Additional Family Court at Chennai on 24.11.2006. Thereafter, the petitioner married the said S.Ravi Kumar. Unfortunately, he died on 26.12.2023. While issuing the death certificate instead of mentioning the name of the petitioner, the name of said Sridevi found place in her capacity as the wife. Hence, the petitioner submitted a representation to rectify this defect and since the same was not considered, the present writ petition has been filed before this Court. 5.

In the considered view of this Court, the materials placed before this Court makes it abundantly clear that the 1 st marriage was dissolved as early as in the year 2006. Thereafter, the petitioner got married in the year 2022. Therefore, the petitioner alone is the legally wedded wife of late S.Ravi Kumar. In view of the same, there shall be a direction to the 2 nd respondent to deal with the representation made by the petitioner on 03.03.2025 and rectify the defect

by including the name of the petitioner as the wife of late S.Ravi Kumar and a fresh death certificate shall be issued within a period of four weeks from the date of receipt of a copy of this order.

6.

This writ petition is disposed of with the above directions. No costs.

04-06-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Commissioner Greater Chennai Corporation, Rippon Building, Chennai-600 003, 2.Assistant Engineer Division 100 (zone8) Chennai Corporation, Anna Nagar, Chennai-40.

3.Sri Devi W/o.Alte.S.Ravikumar, No.3/2a, 1st Street, Semathamannan Colony, Mangalapuram, Perambur, Chennai-600 012.

N.ANAND VENKATESH J.

rka 04-06-2025