S.Santhi v. The Commissioner

In the High Court of Judicature at Madras Dated : 02.6.2025 Coram :

The Honourable Mr.Justice N.ANAND VENKATESH Writ Petition No.17583 of 2025 & WMP.No.19914 of 2025 S.Santhi

...Petitioner

Vs 1.The Commissioner, Coimbatore Corporation, Coimbatore.

2.The Tahsildar, Sulur, Coimbatore.

3.The Village Administrative Officer, Irugur, Coimbatore.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for records of the 1st respondent order dated 07.2.2025 in Na Ka.No.605/M.E 8/ 2024, quash the same and consequently direct the 1st respondent to issue death certificate for the petitioner's father (Subramanian) by correcting his father's name as Subba Thevar and include his mother's name Mrs.Kaliammal in the death certificate within a stipulated time. 1/6

For Petitioner :

Ms.N.S.Keerthitha for M/s.Sarvabhauman Associates For Respondents :

Mr.N.Umapathy, Standing Counsel

ORDER

This writ petition has been filed challenging the proceedings of the first respondent dated 07.2.2025 and for a consequential direction to the first respondent to issue a death certificate in respect of her father - one Mr.Subramaniam by correcting the name of the petitioner's grandfather as one Mr.Subba Thevar and to include the name of her grandmother - one Mrs.Kaliammal in the death certificate.

2. Mr.N.Umapathy, learned Standing Counsel accepts notice for the respondents. Heard both.

3. The specific case of the petitioner is that her father - the said Mr.Subramaniam died on 25.6.2006. When the death certificate was issued in respect of the father of the petitioner, instead of mentioning the name of the grandfather of the petitioner as Mr.Subba Thevar, it was wrongly mentioned as Mr.Ayyavu. Likewise, the name of the petitioner's grandmother - Mrs.Kaliammal was omitted to be reflected 2/6

in the death certificate. Expressing her grievance, the petitioner sent a representation dated 21.1.2025 to the second respondent to correct the wrong entries made in the death certificate of her father.

4. Pursuant to that, vide proceedings dated 28.1.2025, the second respondent sent recommendations to the first respondent to the effect that the name of the petitioner's grandfather has been wrongly mentioned as Mr.Ayyavu instead of Mr.Subba Thevar. However, vide the impugned communication dated 07.2.2025, the first respondent informed the petitioner that the entire name cannot be changed from Mr.Ayyavu to Mr.Subba Thevar and that it is beyond the scope of Section 15 of the Registration of Births and Deaths Act, 1969 (for short, the Act). Aggrieved by that, the above writ petition has been filed before this Court.

5. On carefully considering the submissions of the learned counsel on either side and perusing the materials placed before this Court, it can be seen that the the petitioner's father - Mr.Subramaniam was issued with a patta in patta No.602 wherein the name of the petitioner's grandfather has been mentioned as Mr.Subba Thevar. 3/6

Apart from that, a report has been submitted by the second respondent stating that the name of the petitioner's grandfather is Mr.Subba Thevar and that it had been wrongly recorded as Mr.Ayyavu in the death certificate.

6. The first respondent had rejected the application of the petitioner mainly on the ground that it would be beyond the scope of Section 15 of the Act.

7. Section 15 of the Act grants jurisdiction for carrying out the corrections even where the entries have been improperly made. Rule 11(6) of the Tamil Nadu Registration of Births and Deaths Rules, 2000 also makes it clear that an action can be taken by the authorized officer where the entry has been improperly made. In the light of the above, the first respondent has the jurisdiction to deal with the request made by the petitioner to correct the name of her grandfather as Mr.Subba Thevar in the death certificate of her father. That apart, the name of the petitioner's grandfather ought to have been included based on the materials available and the statements collected from the petitioner.

4/6

8. In the light of the above discussions, the writ petition is allowed, the impugned order dated 07.2.2025 passed by the first respondent is set aside and there shall be a direction to the first respondent to act upon the patta issued in the name of the petitioner's father - Mr.Subramaniam and the report of the second respondent and carry out necessary corrections in the death certificate of the father of the petitioner. The name of the petitioner's grandmother shall also be incorporated in the death certificate. A fresh death certificate shall be issued to the petitioner within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected WMP is closed.

02.6.2025 To 1.The Commissioner, Coimbatore Corporation, Coimbatore.

2.The Tahsildar, Sulur, Coimbatore.

3.The Village Administrative Officer, Irugur, Coimbatore.

RS 5/6

N.ANAND VENKATESH,J RS WP.No.17583 of 2025& WMP.No.19914 of 2025 02.6.2025 6/6