G.Madhammal v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.17181 of 2025 G.MADHAMMAL ... Petitioner Vs 1.

THE COMMISSIONER, REGISTRAR OF BIRTH AND DEATH, DHARMAPURI MUNICIPAL OFFICE, DHARMAPURI DISTRICT.

2.

THE ASSISTANT TREASURY OFFICER, SUB-TREASURY OFFICE, PALACODE, DHARMAPURI DISTRICT.

3.

RATHNA ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned communication dated 18.01.2024, having ref. No.Na.ka. No.86/2024/H1 issued by the first respondent and quash the same and consequently direct the first respondent herein to correct the error and insert the name of the petitioner (G. Madhammal) as wife by deleting the name of Rathna in petitioner's husband's death certificate dated 02.12.2019, having registration No.D-2019;33-2939-000169 by considering the petitioner's representation dated 30.01.2025 within the time frame to be stipulated by this 1/4

Court.

For Petitioner : Mr.R.Bharath Kumar For R1 : Dr.T.Seenivasan Special Government Pleader For R2 : Mr.S.Senthil Murugan Special Government Pleader

ORDER

This writ petition is disposed of at the admission stage without notice to the third respondent, as this Court is not determining any of the allegations raised in the writ petition.

2. The grievance of the petitioner is that while issuing the legal heirship certificate, the petitioner's name was not mentioned. According to the petitioner, the late Gopala Krishnan, who was the petitioner's husband, first married the petitioner - G.Madhammal, and only later married the third respondent, Rathna. The Tahsildar, Karimangalam, has already conducted an enquiry and issued a certificate on 26.12.2022.

3. In view thereof, this writ petition is disposed of on the following terms:- (i) The petitioner's representation dated 30.01.2025 shall be taken up 2/4

for enquiry by the first respondent - the Commissioner. (ii) The first respondent - the Commissioner shall issue notice to the petitioner as well as the third respondent. The grievance raised by the petitioner shall be decided by the first respondent in the manner known to law. (iii) The order shall be passed within twelve weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of the order.

(iv) Consequently, connected miscellaneous petition is closed. No costs. 29.04.2025 nsl To 1.

THE COMMISSIONER, REGISTRAR OF BIRTH AND DEATH, DHARMAPURI MUNICIPAL OFFICE, DHARMAPURI DISTRICT.

2.

THE ASSISTANT TREASURY OFFICER, SUB-TREASURY OFFICE, PALACODE, DHARMAPURI DISTRICT.

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D.BHARATHA CHAKRAVARTHY, J.

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