P.Sasikala v. The Birth And Death Inspector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-01-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA and WMP.No.19865 of 2025 P.Sasikala ..Petitioner(s) Vs
1. The Birth And Death Inspector Department Of Public Health Zone- 08, Greater Chennai Corporation, Chennai.
2. P.Amutha ..Respondent(s) Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, to direct to the respondent to be corrected and rectification in petitioner name for the husband named death certificate dated on 04.03.2024 serious action against the first respondent and to be stopped all of first respondent illegal activities and consequently direct the respondent the both respondent with legal manner. For Petitioner(s):
Mr.S.Chinnasamy For Respondent(s):
Mr.V.Jeevagiridharan, AGP for R1.
ORDER
The petitioner seeks a mandamus to the 1st respondent to correct and rectify the name of her husband in the Death Certificate dated 04.03.2024 and for initiating action against the 1st respondent.
2. The petitioner would submit that she was married to one Prakasam on 21.06.1981 and out of this wedlock they had a son and a daughter. The petitioner's husband was seriously ill and after admitting him into the ICF Railways Hospital he had ultimately succumbed to his illness on 19.02.2024. The petitioner would submit that her husband was having an illicit relationship with one Amutha who was only keen on grabbing her husband's money and property.
3. After the death of the petitioner's husband, it appears that the said Amutha had applied and obtained a Death Certificate describing her as the wife of the deceased Prakasam. The petitioner thereafter on coming to know about the same, gave a representation to the 1st respondent to correct the name of the wife in the Death Certificate. Since, the same was not considered, the petitioner is before Court.
4. Heard the learned counsel on either side and perused the records.
5. Considering the fact that the petitioner and the 2nd respondent Amutha are claiming to be the wife of the deceased Prakasam, this Court exercising jurisdiction under Article 226 of the Constitution of India is not the appropriate authority to pass orders on the identity and status of the petitioner and the 2nd respondent and it is for the Civil Court to decide the same. Therefore, the Writ Petition is not maintainable and liable to be dismissed.
6. Accordingly, the Writ Petition stands dismissed. The petitioner is at liberty to work out her remedy before the competent Civil Court. No costs. Consequently, the connected Miscellaneous Petition is closed. 20-01-2026 Index: Yes/No Speaking/Non-speaking order SHR To The Birth And Death Inspector Department Of Public Health Zone- 08, Greater Chennai Corporation, Chennai.
P.T.ASHA, J.
SHR 20-01-2026