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Madras High CourtWP/26673/2022disposed of

V.Sekar v. The Chief Registrar Of Births And Deaths/

2024-06-03Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.06.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.26673 of 2022 and WMP.No.25729 of 2022 V.Sekar ... Petitioner Vs.

1.The Chief Registrar of Births and Deaths/ Director of Public Health and Preventive Medicine 64, 75, Main Road, Chokkalingam Nagar, Teynampet, Chennai 600 006 2.The Registrar of Births and Deaths/ Commissioner, Corporation of Chennai, Ripon Buildings, No.1131, EVR Periyar Salai, Chennai 600 003 3.The Zonal Health Officer, Zone-5, Great Chennai Corporation, Basin Bridge Road, Chennai 600 021 4.The Senior Medical Records Officer, Rajiv Gandhi Government General Hospital, Chennai 600 003 5.Gomathi ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the 1/4

records relating to the order dated 25.08.2022 in Ma.A.5/Po.Su.Thu.Na.Ka No.3571/2022 on the file of the respondent No.3 and to quash the same and consequently direct the respondent No.1 to consider and pass orders on the appeal dated 09.01.2022 filed by the petitioner within a time frame as may be fixed by this Court. For Petitioner : Mr.Y.Prakash For Respondents For R1 & 4 : Mr.Tippu Sulthan, Government Advocate For R2 & 3 : M/s.P.T.Ramadevi, Standing Counsel

ORDER

This writ petition has been filed against the order passed by the third respondent dated 25.08.2022 thereby rejected the request made by the petitioner to delete the name of the fifth respondent in the death certificate of the petitioner's son.

2.

Though the petitioner has filed this writ petition challenging the rejection order passed by the third respondent, the petitioner also filed appeal before the first respondent and it is pending. The first respondent refused to hear the petitioner on the ground that the fifth respondent filed writ petition before this Court in WP.No.9616 of 2021 and it is pending. 2/4

Now the said writ petition has been disposed of by this Court by an order dated 10.04.2024. Therefore, there is absolutely no impediment for the first respondent to dispose of the appeal filed by the petitioner on merits and in accordance with law.

3.

In view of the above, the first respondent is directed to dispose of the appeal filed by the petitioner after issuance of notice to the petitioner as well as the fifth respondent and after giving opportunity of hearing to them, on merits and in accordance with law within a period of twelve weeks from the date of receipt of copy of this order. 4.

With the above direction, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

03.06.2024 Index: Yes/No Speaking/Non-speaking order lok 3/4

G.K.ILANTHIRAIYAN, J.

lok To 1.The Chief Registrar of Births and Deaths/ Director of Public Health and Preventive Medicine 64, 75, Main Road, Chokkalingam Nagar, Teynampet, Chennai 600 006 2.The Registrar of Births and Deaths/ Commissioner, Corporation of Chennai, Ripon Buildings, No.1131, EVR Periyar Salai, Chennai 600 003 3.The Zonal Health Officer, Zone-5, Great Chennai Corporation, Basin Bridge Road, Chennai 600 021 4.The Senior Medical Records Officer, Rajiv Gandhi Government General Hospital, Chennai 600 003 03.06.2024 4/4