Nagarathinam v. Dr.N.Senthilnathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Nagarathinam ... Petitioner Vs.

1. Dr.N.A.Senthilnathan, M.B.B.S., D.P.M., City Health Officer, Greater Chennai Corporation, Ripon Buildings, Chennai-600 003.

2.The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai-600 003. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the first respondent pertaining to the issue of Death Certificate bearing No.D5098292542/2018 dated 20.06.2018 of S.Veerabathiran issued by the first respondent, namely, Dr.N.A.Senthilnathan, M.B.B.S., D.P.M., City Health Officer, Greater Chennai Corporation, Ripon Buildings, Chennai-600 003 and to quash the same.

For Petitioner :

Mr.S.Suresh Kumar For Respondents :

Mr.S.Gopinathan Standing Counsel

O R D E R

The petitioner seeks to quash the Death Certificate dated 20.06.2018 issued by the first respondent on the ground that the petitioner's father died due to motor vehicle accident on 28.12.2017 and the Death Certificate was issued by the Registrar of Births and Deaths, Pallavaram Municipality, Chromepet, Chennai dated 18.01.2018 certifying the place of Death as Government Hospital, Chromepet and the age of the deceased as 72 years. However, in a civil suit filed against the petitioner, the plaintiff therein who has filed the Death Certificate of the petitioner's father dated 20.06.2018 bearing No.2018/15/195/000017/0 stating that the date of death is 17.01.2018, in which, the names of the petitioner's mother, namely, deceased wife and the petitioner's grand mother, namely, mother of the deceased were not mentioned. That apart, the address mentioned in the said Death Certificate was also false. Therefore, the petitioner suspects some lack in the issuance of the Death Certificate as cited above. Therefore, the

petitioner sent a representation to the respondents enclosing a copy of FIR dated 28.12.2017 and the Death Certificate dated 18.01.2018 substantiating his claim to cancel the Death Certificate issued subsequently dated 20.06.2018 by the Greater Chennai Corporation. However, the representation dated 01.08.2022 sent to the first respondent was returned with an endorsement "left without instructions" and the representation sent to the second respondent was duly acknowledged, however, no action was taken and therefore, the petitioner seeks a writ of Certiorarified Mandamus to quash the Death Certificate dated 20.06.2018.

2. The learned Standing Counsel appearing for the respondents filed a counter affidavit stating that the persons mentioned in both the Certificates are two different persons and not one and the same. The relevant portion is extracted hereunder:-

8. It is further submitted that the petitioner mentioned deceased Mr.S.Veerabathiran, son of Mr.Sengeni Nayakar/Mrs.Pattammal, who died on 28.12.2017 and S.Veerbathiran, Son of Mr.Sengalani/Mrs.Rajeshwari, who died on 17.01.2018 are two different persons, not one and the same person. Further the writ petition may be dismissed on the sole

ground of non-joinder of necessary and aggrieved party i.e., Mrs.Navaneetham.

3. Recording the submission made by the learned Standing Counsel appearing for the respondents, this Writ Petition is closed. There shall be no order as to costs.

15.10.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

To The Commissioner, Greater Chennai Corporation, Ripon Buildings, Chennai-600 003.

M.DHANDAPANI, J.

ssb 15.10.2025