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Madras High CourtWP/35529/2025disposed of with direction

Topaze Nocolette v. The District Collector

2025-09-19Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-09-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI AND WMP NO. 40203 OF 2025 Topaze Nocolette Petitioner(s) Vs

1. The District Collector Singaravelar Maligai, No. 62 Rajaji Salai, Chenani 600 001.

2.The Chief Registrar of Births And Deaths Department Of Public Health And Preventive Medicine, No. 359, DMS Complex, Anna Salai, Teynapet, Chennai 600 006.

3.The Registrar Of Birth And Death Grater of Chennai Corporation, Division 59A, Zone - 5, No. 62, Basin Bridge Road Ltd, Washerment Pet, Chennai 600 021.

4.Cristy Jacquline Bennet Respondent(s)

PRAYER;This writ petition is filed under Article 226 of Constitution of India, to issue a writ of certiorarified Mandamus to call for the records of the 3rd respondent with regards to the death Certificate of Late Eldon Judge Martin bearing Registration No. D -2025 33-16549-004403 dated 01.07.2025 and quash the same as its arbitrary false and no est in law and consequently direct the respondents to issue an Revised Death certificate with the petitioners name Topaze Nicolette under the category of Name of the Wife instead of Cristy I Jacquline Bennet.

For Petitioner(s):

Ms.N.Lakshmi Priya For Respondents:

Mr.E.Sundaram, GA RR1 & 2 Mr.E.C.Ramesh, R3 R4 - NDW

ORDER

This petition has been filed seeking to quash proceedings the 3rd respondent with regards to the death Certificate of Late Eldon Judge Martin bearing Registration No. D -2025 33-16549-004403 dated 01.07.2025 and consequently direct the respondents to issue an Revised Death certificate with the petitioners name Topaze Nicolette under the category of Name of the Wife instead of Cristy I Jacquline Bennet.

2. It is the case of the petitioner that the petitioner married Eldon Jude Martin on 27.08.2020 at Chennai as per Christian Rites and the same was registered. On 19.08.2025 the petitioner's husband died due to pulmonary edema. However, the computerised death certificate dated 01.07.2025 issued by the Registrar of Births and Deaths, Greater Chennai Corporation and in the

death certificate, it was wrongly mentioned the estranged first wife viz., Cristyl Jacqueline Benett as spouse. The petitioner has made representation dated 03.07.2025 to the District Collector, Chennai for rectification and no action was taken and hence, the present writ petition.

3. The learned counsel for the petitioner submitted that the petitioner's husband has divorced his first wife vide Divorce OP. No.14722 of 2022 on the file of the III Additional Family Court, Chennai dated 23.07.2013. Therefore, this Court may issue a direction to the third respondent to consider the petitioner's representation and pass appropriate orders within the stipulated time as fixed by this Court.

4. The learned Government Advocate submitted that after conducting enquiry, the petitioner's representation will be considered within the stipulated time as fixed by this Court.

5. Heard the learned counsel for the petitioner and perused the materials available on record. Since no adverse orders are passed against the 4 th respondent and hence, notice to the 4 th respondent is dispensed with.

6. Considering the facts and circumstances of the case and having regard the submissions made by the learned counsel on either side, this Court, without

interfering with the impugned order, directs the third respondent to consider the representation of the petitioner dated 03.07.2025 and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after providing opportunity to the necessary parties.

7. With the above direction, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 19-09-2025 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector Singaravelar Maligai, No. 62 Rajaji Salai Chenani 600 001.

2.The Chief Registrar Of Births And Deaths Department Of Public Health And Prevent Medicine, No. 359 DMS Complex Anna Salai, Teynampet, Chennai 600 006.

3.The Registrar Of Birth And Death Grater of Chennai Corporation, Division 59a Zone 5 No. 62 Basin Bridge Road Ltd Washerment Pet, Chennai 600 021.

M.DHANDAPANI J.

rli 19-09-2025