M.Sathywathi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY M.SATHYWATHI ... Petitioner Vs 1.
THE DISTRICT COLLECTOR, DISTRICT COLLECTORATE OFFICE, UTHAGAMANDALAM - 642 219.
2.
THE REVENUE DIVISIONAL OFFICER, O/O. THE REVENUE DIVISIONAL OFFICER, UTHAGAMANDALAM - 642 219.
3.
THE COMMISSIONER, VILLAGE PANCHAYAT, UTHAGAMANDALAM.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, to call for the entire records pertaining to the death certificate of petitioner's husband Murugan issued by third respondent with Registration Number D-2021:33-6560-000034 in which name of spouse column is falsely shown as Mumthaj and delete the same and in consequence to direct the respondents to consider application of the petitioner to issue a death certificate showing petitioner as wife of Murugan. 1/5
For Petitioner : Mr.L.Muruganantham For R1 to R3 : Mr.R.Neelakandan Additional Advocate General VIII Assisted by Mr.S.Balamurugan Government Advocate
ORDER
This writ petition is filed with a prayer to call for the entire records pertaining to the death certificate of the petitioner's husband Murugan, issued by the third respondent with Registration No.D-2021:33-6560-000034 in which the name of the spouse is falsely shown as Mumthaj, delete the same and consequently, direct the respondents to consider the application of the petitioner to issue a death certificate showing petitioner as wife of Murugan.
2. The petitioner's grievance is that she is the legally wedded wife of one Murugan. After his demise, the petitioner's mother in law with a vindictive approach, had stage managed and included somebody else's name, namely one Mumthaj, as if she is the wife. The petitioner's further averment is that they have also stage managed to procure some details from the local Jamaat, as if the marriage took place between Murugan and Mumthaj and the 2/5
above entry was made in the death certificate. Thus, from the petitioner's own averment, it is clear that while the petitioner claims herself to be the lawfully wedded wife, there is a rival claim made by the other person.
3. In view thereof, the respondents may not be the competent authority to decide whose marriage actually took place and who was the legally wedded wife. It is for the Civil Court to adjudicate upon the matter. The petitioner shall therefore approach the appropriate Civil Court for her grievance. As and when a decree is passed by the Civil Court, the entry in the death certificate can be corrected in accordance with the decree of the Civil Court.
4. With the above liberty kept open to the petitioner, the writ petition stands disposed of. No costs.
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To 1.
THE DISTRICT COLLECTOR, DISTRICT COLLECTORATE OFFICE, UTHAGAMANDALAM - 642 219.
2.
THE REVENUE DIVISIONAL OFFICER, O/O. THE REVENUE DIVISIONAL OFFICER, UTHAGAMANDALAM - 642 219.
3.
THE COMMISSIONER, VILLAGE PANCHAYAT, UTHAGAMANDALAM.
4/5
D.BHARATHA CHAKRAVARTHY, J.
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