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Madras High CourtWP/14315/2025disposed of

Puline Fathima v. The Registrar Of Birth And Deaths

2025-04-22Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Pouline Fathima ..

Petitioner Vs.

1.The Registrar of Birth and Deaths Salem Corporation Division 23 Sooramangalam Block 1 Salem District - 636 005.

2.The Assistant Commissioner Salem Municipal Corporation Sooramangalam Block 1 Salem District - 636 005.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents to include the petitioner's name in the death certificate in No.D-2023:33-7663-000031 of her deceased husband Mr.R.Thangavelu, based on her representation dated 17.06.2024 and pass such further or other orders. For the Petitioner : Mr.L.Ramanathan

For the Respondents : Ms.N.Devi Standing Counsel for RR1 & 2

ORDER

This Writ Petition is filed to issue a Writ of Mandamus directing the respondents to include the petitioner's name in the death certificate in No.D2023:33-7663-000031 of her deceased husband R.Thangavelu, based on a representation dated 17.06.2024.

2. When the matter came up for admission, Ms.N.Devi, the learned Standing Counsel took notice and seeks time to get instructions. However the Writ Petition is taken up for final hearing at the admission stage, without adjourning the matter further for getting instructions.

3. It is the case of the petitioner that her husband R.Thangavelu died on 21.03.2023. However in the column with reference to the name of the wife, it is mentioned as Alphonsa. According to the petitioner the said Alphonsa predeceased the said Thangavelu and she died as early as on 29.01.1980. The death certificate is also produced along with the type set of papers filed in the Writ

Petition. Thereafter the said Thangavelu validly married the petitioner namely Pouline Fathima and therefore, it is only the petitioner's name which has to be included in the said death certificate as the name of the wife.

4. If the facts aforementioned are correct, then there is nothing wrong with the claim of the petitioner.

5. In view thereof the 1st respondent is directed to take up the representation dated 17.06.2024 for enquiry. The 1st respondent shall verify whether the said first wife namely Alphonsa died on 29.01.1980 itself, and if the petitioner got married subsequently validly, the name of the petitioner shall be included in the death certificate of her late husband. Thus, orders on the aforesaid issue shall be passed by the 1st respondent within a period of twelve weeks from the date of receipt/production of the web copy of the order, without waiting for the certified copy.

6. With the above direction, this Writ Petition stands disposed of. No

costs.

22.04.2025 : Yes/No Jer To 1.The Registrar of Birth and Deaths Salem Corporation Division 23 Sooramangalam Block 1 Salem District - 636 005.

2.The Assistant Commissioner Salem Municipal Corporation Sooramangalam Block 1 Salem District - 636 005.

D.BHARATHA CHAKRAVARTHY, J.

Jer 22.04.2025