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Madras High CourtWP/15546/2026disposed of with direction

G.Sathish v. Directorate Of Medical Services,

2026-04-24Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-04-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI and WMP.No.16753 of 2026 G.Sathish S/o. Late Mr. K. Gopalakrishnan, No.26/52, Azizmulk 2nd Street, Thousand Lights, Chennai-600 006 ..Petitioner(s) Vs

1. The Directorate of Medical Services, Department of Public Health and Preventive Medicine, Chennai-600 006

2. The Chief Registrar of Birth and Death, Department of Public Health and Preventive Medicine, 359, Anna Salai, Chennai-600 006

3. The Commissioner Greater Chennai Corporation, Rippon Buildings, Chennai-600 003

4. The City Health Officer Pubic Health Department, Greater Chennai Corporation, Rippon Buildings, Chennai-600 003

5. The Zonal Health Officer, Zone -9 Public Health Department and preventive

Medicine, Greater Chennai Corporation, No.4 4th Cross Street, Lake View Road, Nungambakkam Chennai-600 034 ..Respondent(s) Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the respondents in Na.Ka. No.12829501/Ma.Su.Pu.Mai.1/Iru.1/2025 dated 08.03.2026 and quash the same as illegal, arbitrary and without jurisdiction and consequent direct Respondents 1 to 5 to correct the error and insert the Petitioners mothers name as G. Shantha Kumari in the place of G.Julite Shantha Kumari in the Petitioners mothers death certificate and directed to issue fresh corrected the petitioners mothers death certificate to the petitioners. For Petitioner(s):

Mr.S.Murugan For Respondent(s):

Mr.K.Tippusultan, GA for R1 & R2 Mr.Abishek Murthy for R3 to R5

ORDER

Challenging the order of the fifth respondent in Na.Ka. No.12829501/Ma.Su.Pu.Mai.1/Iru.1/2025 dated 08.03.2026, the present Writ Petition has been filed. Further, the petitioner has sought for a direction to the respondents to correct the error and insert the petitioner's mother's name as G. Shantha Kumari in the place of G.Julite Shantha Kumari in the petitioner's mother's death certificate and directed to issue a fresh corrected death certificate of the petitioner's mother.

2. Heard the learned counsels appearing on either side. With the consent of both sides, the Writ Petition is taken up for hearing at the admission stage itself.

3. It is the case of the petitioner that the petitioner's parents name are K.Gopalakrishnan and G.Shanthakumari and the petitioner's mother died on 03.07.2009. The grievance of the petitioner is that in the death certificate of his mother, it was inadvertently mentioned as G.Julite Shantha Kumari as if she converted to Christianity. For rectification of the same, he made a representation dated 26.08.2025 to the fifth respondent enclosing the valid documents, namely, birth certificate, transfer certificate, voter ID and Ration card to substantiate his stand. Since no order was passed, he filed a Writ Petition in W.P.No.46855 of 2025, wherein this Court had directed the respondents to dispose of the petitioner's representation within two weeks, however the said order was not complied with, thereby he filed Contempt Petition in Contempt Petition No.1431 of 2026 dated 06.03.2026, for which the fifth respondent has passed the present impugned order. Aggrieved over the same, the present Writ Petition has been filed.

4. The learned counsel for the petitioner submitted that the petitioner's uncle with an ulterior motive had applied for the petitioner's mother's death

certificate giving the manipulated information that his mother's name was G.Julite Shantha Kumari as if the petitioner's mother has got Gnanasthanam from the Good Shepherd Church and converted to Christianity in order to deprive her rights to partition. He contended that all the documentary proofs prior to the death of the petitioner's mother reveals her name as G.Shantha Kumari and hence, prayed this Court to grant the relief as sought for by the petitioner in this Petition.

5. Per contra, the learned Government Advocate submitted that the petitioner's mother was born on 13.07.1954 and though all the revenue records reflected the petitioner's name as G.Shanthi Kumari as stated by the petitioner, subsequently her name was changed as G.Julite Shantha Kumari since she converted to Christianity by taking Gnanasthanam in Good Shepherd Church, Mylapore, which was reflected in the legal heir certificate of her father Durairaj, in the Court case records, property records pertaining to the years 1996, 1998, 2012 & 2014 respectively and hence, the request of the petitioner to change her mother's name as G.Shantha Kumari instead of G.Julite Shantha Kumari was refused by the fifth respondent and hence, the same warrants no interference. He also submitted that if at all, the petitioner is aggrieved by the impugned order of the fifth respondent, he can work out his remedy through competent Court.

6. In response, the learned counsel for the petitioner submitted that the records stated by the learned Government Advocate were only after the demise of her mother and her mother was not a party to the Court proceedings and contended that in order to deprive her rights in partition, her name has been reflected as G.Julite Shantha Kumari in the death certificate by the information and documents given by the petitioner's uncle and hence, he prayed for appropriate orders.

7. I have considered the rival submissions made by the respective learned counsels and also perused the materials available on record.

8. Admittedly, the petitioner's mother was born on 13.07.1954 and her name Shantha Kumari was reflected in her birth certificate and her name in the birth certificate of the petitioner was also mentioned as Shantha Kumari. Apart from that, family ration card, voter identity card, transfer certificate, the petitioner's mother's name was mentioned as G.Shantha Kumari. However, instead of mentioning G.Shantha Kumari, the respondents has issued the death certificate of the petitioner's mother mentioning her name as G.Julite Shantha Kumari by referring some documents which were not connected to the deceased and it is pertinent to note that the documents furnished by the petitioner's son bears her name as G.Shantha Kumari without relying the same, the respondents have issued the death certificate in the name of G.Julite Shantha Kumari by

taking a different stand with reference to some documents not connected to the deceased. Hence, this Court is of the considered view that the petitioner is entitled for the relief sought for by him in this Writ Petition.

9. In view of the same, the respondents are directed to issue the death certificate of the petitioner's mother's name as G.Shantha Kumari instead of G.Julite Shantha Kumari, within a period of four weeks from the date of receipt of a copy of this order.

10. With the above direction, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs.

24-04-2026 Index: Yes/No Speaking/Non-speaking order DP

To

1. The Directorate of Medical Services, Department of Public Health and Preventive Medicine, Chennai-600 006

2. The Chief Registrar of Birth and Death, Department of Public Health and Preventive Medicine, 359, Anna Salai, Chennai-600 006

3. The Commissioner Greater Chennai Corporation, Rippon Buildings, Chennai-600 003

4. The City Health Officer Pubic Health Department, Greater Chennai Corporation, Rippon Buildings, Chennai-600 003

5. The Zonal Health Officer, Zone -9 Public Health Department and preventive Medicine, Greater Chennai Corporation, No.4 4th Cross Street, Lake View Road, Nungambakkam Chennai-600 034

M.DHANDAPANI, J.

DP 24-04-2026