P.Sornamani v. The Registrar Of Birth And Death
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY P.SORNAMANI ... Petitioner Vs THE REGISTRAR OF BIRTH & DEATH THE COMMISSIONER, THIRUMURUGANPOONDI MUNCIPALITY, TIRUPPUR DISTRICT ... Respondent Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents to make necessary corrections in the column titled HUSBAND/WIFE NAME AS SORNAMANI instead of MURUGAYI in the death certificate of the petitioner's husband issued by the respondent vide registration No. D-2024:33-19801-000147 dated 07.10.2024 based on the representation of the petitioner dated 24.03.2025 within a stipulated time as fixed by this Court. For Petitioner : Mr.K.Venkateswaran For Respondent : Mr.V.Manoharan Additional Government Pleader
ORDER
The prayer in the writ petition is to make necessary corrections in the death certificate issued in respect of one Palanisamy. 1/3
2. Upon hearing the learned counsel appearing for the petitioner, the case of the petitioner is that she got married to the said Palanisamy in the year 1982. Even when the said wedlock was in force, the said Palanisamy illegally started living with another woman by name Murugayi. She cannot have the status of a wife. However, her name alone is mentioned as the wife in the death certificate. Therefore, the petitioner seeks to correct the same.
3. If it is a case of a simple error in the death certificate, this Court would direct the Registrar of Births and Deaths to correct the error. However, when there is a matter relating to rival claim, more specifically considering the particular facts of this case, the Registrar of Births and Deaths is not the competent authority. It will be open to the petitioner to approach the competent civil Court/Family Court in respect of declaration of status and as and when any interim order or final decree is passed by the Civil Court, the respondent will carry out the correction. Therefore, leaving open the said remedy to the petitioner, the writ petition stands disposed of. No costs. 24.04.2025 nsl 2/3
D.BHARATHA CHAKRAVARTHY, J.
nsl To THE REGISTRAR OF BIRTH & DEATH THE COMMISSIONER, THIRUMURUGANPOONDI MUNCIPALITY, TIRUPPUR DISTRICT 24.04.2025 3/3