R.Indumathi v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.09.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI R.Indumathi ... Petitioner Vs.
1.The Commissioner Corporation of Greater Chennai, Park Town Chennai - 600 003.
2.The Dean Government Kilpauk Medical College & Hospital Kilapuk Chennai - 600 010.
3.Regional Health Officer Zone - VIII, Greater Chennai Corporation, Shenoy Nagar, Chennai - 600 030.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records in connection with the impugned order of the third respondent in Ma.Aa.8.Po.Su.Thu.Na.Ka.No.H1/1204/2024, dated 05.07.2024 and quash the same as illegal, arbitrary and non-est in the eye of law and consequently direct the respondents to issue death certificate in the correct name of petitioner's deceased Mother as "Ammalu - 1/5
Ammal" instead of "Adhi Lakshmi", based on the representation of the petitioner dated 27.05.2024.
For Petitioner : Mr.MA.Gouthaman For Respondents : Ms.K.Ashwini Devi for R1 and R3 Mr.M.Bindran for R2
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus to call for the records in connection with the order of the third respondent in Ma.Aa.8.Po.Su.Thu.Na.Ka.No.H1/ 1204/2024, dated 05.07.2024 and quash the same as illegal, arbitrary and non-est in the eye of law and consequently direct the respondents to issue death certificate in the correct name of petitioner's deceased Mother as "Ammalu - Ammal" instead of "Adhi Lakshmi", based on the representation of the petitioner dated 27.05.2024.
2.The learned counsel appearing for the petitioner submitted that the petitioner's husband while admitting the petitioner's Mother in the Hospital gave her name wrongly as "Adhi Lakshmi" as she was normally called instead of giving her original name "Ammalu - Ammal" and the said name was entered in the medical records and subsequently, she died and death certificate was issued in the said 2/5
name. Hence, the petitioner made representation to the respondents seeking correction in the deceased name pursuant to which, the third respondent issued the impugned order stating that the name of the deceased cannot be changed entirely in the death certificate. 3.The learned counsel appearing for the petitioner further submitted that this Court may permit the petitioner to make representation before the concerned Medical Officer along with relevant records to substantiate that the name of the deceased is "Ammalu - Ammal" and issue direction to the Medical Officer to make necessary amendment in the medical records and forward the same to the Corporation of Greater Chennai and issue direction to the Corporation of Greater Chennai to issue death certificate of the petitioner's Mother with the correct name "Ammalu - Ammal". 4.
Considering the limited request now made by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the case, permits the petitioner to make representation before the concerned Medical Officer along with relevant records to substantiate that the name of the deceased is "Ammalu - Ammal".
petitioner substantiating the name of the deceased as "Ammalu - Ammal", the concerned Medical Officer shall pass appropriate orders and shall forward the same to the Corporation of Greater Chennai. If any such record/ communication/ order is received from the concerned Medical Officer, the Corporation of Greater Chennai shall consider the same and pass appropriate orders. 5.The writ petition is accordingly disposed of. No costs. 09.09.2024 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The Commissioner Corporation of Greater Chennai, Park Town Chennai - 600 003.
2.The Dean Government Kilpauk Medical College & Hospital Kilapuk Chennai - 600 010.
3.Regional Health Officer Zone - VIII, Greater Chennai Corporation, Shenoy Nagar, Chennai - 600 030.
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M.DHANDAPANI,J.
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