V.Gowri v. The Registrar Of Births And Deaths

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-06-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. V.Gowri W/o Late. Varadhan Residing At No 175 Kalidasan Street, Annai Sathya Nagr, Ambattur, Chenani 600053 Petitioner(s) Vs

1. The Registrar Of Births And Deaths Division 098, Zone 08, Department Of Public Health, Greater Chennai Corporation, Chennai 2.The District Revenue Officer Ambattur, Chennai District, Chennai 600 053 3.DEVIKA Residing At No 53 Kuttiyappan Street, Medavakkam Tank Road, Chennai 600 01 Respondent(s)

PRAYER Writ petition filed under Article 226 of Constitution of India for the issue of writ of Mandamus Directing the 1st respondent to dispose of the petitioners representation dated 26.10.2024 rectifying the erroneous entry by removing the name of one Devika from the death certificate in Registration No D2024.3316422-000176dated 27.09.2024 as the deceased wife and to issue a fresh death certificate by registering petitioners name as his legal wife in the death certificate, within the time framed by this Court. For Petitioner(s):

Mr. Elanjechezhien J For Respondent(s):

Mr.G.Velu Additional Government Pleader for R1 Mr.E.C.Ramesh, learned Standing counsel for R2

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the 1 st respondent to deal with the representation made by the petitioner on 26.10.2024 wherein the petitioner is seeking for rectification of the name of the wife mentioned in the death certificate as Devika and to replace that name with the name of the petitioner, who is the wife of the deceased. 2.

Heard Mr.Elanjechezhien, learned counsel for the petitioner and Mr.G.Velu, learned Additional Government Pleader for 1 st respondent and

Mr.E.C.Ramesh, learned Standing counsel for 2 nd respondent.

3.

The case of the petitioner is that she was married to one Varadhan on 03.03.1977. The petitioner's husband was also allotted a residential plot in the year 1992 under the Tamil Nadu Sub Urban Development Scheme. The House was constructed and the petitioner and her family members were in possession and enjoyment of the property.

4.

The case of the petitioner is that her husband had developed a relationship with one Devika and co-habiting with her. He died on 16.09.2024. While issuing the death certificate, instead of mentioning the name of the petitioner as the wife, the name of said Devika has been mentioned in the death certificate. Aggrieved by the same, the petitioner submitted a representation before the 1 st respondent to remove the name of the said Devika and to incorporate the name of the petitioner. Since the same did not evoke any response, the present writ petition has been filed before this Court. 5.

Taking into consideration the facts and circumstances of the case and considering the various documents that were placed before this Court viz., the Settlement Deed dated 31.03.1994, EB card in the name of the petitioner's husband, Aadhar Card of the petitioner and the voters ID card of the petitioner, there shall be a direction to the 1 st respondent to deal with the representation made by the petitioner dated 26.10.2024 after affording an opportunity to the

rd respondent and a decision shall be taken by the 1 st respondent within a period of four weeks from the date of receipt of a copy of this order. 6.

This writ petition is disposed of with the above directions. No costs.

30-06-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Registrar Of Births And Deaths Division 098, Zone 08, Department Of Public Health, Greater Chennai Corproation, Chennai 2.The District Revenue Officer Ambattur, Chennai District, Chennai 600 053 3.DEVIKA Residing At No 53 Kuttiyappan Street, Medavakkam Tank Road, Chennai 600

N.ANAND VENKATESH J.

rka 30-06-2025