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Madras High CourtWP/37529/2024disposed of

Karpagam v. The Registrar Of Births And Deaths,

2025-07-23Honourable Mr Justice N. Anand Venkatesh4 pages

In the High Court of Judicature at Madras Dated : 23.7.2025 Coram :

The Honourable Mr.Justice N.ANAND VENKATESH Writ Petition No.37529 of 2024 Karpagam

...Petitioner

Vs 1.The Registrar of Births & Deaths, Greater Chennai Corporation, Zone 05, Division 59A, No.105, Basin Bridge Road, Royapuram, Chennai.

2.Devi

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to issue the death certificate of the petitioner's brother V.Sivakumar, Son of Vasudevan, by removing the name of Devi in the wife's column pursuant to the petitioner's representation dated 19.11.2024. For Petitioner :

Ms.C.Alagu Bhavani For R1 :

Mr.S.Gopinathan, Standing Counsel For R2 :

Not ready in notice 1/4

ORDER

This writ petition has been filed seeking a direction to the first respondent to remove the name of the second respondent from the death certificate that was issued in the name of the petitioner's brother - one Mr.Sivakumar on 06.2.2024 based on her representation dated 19.11.2024.

2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the first respondent.

3. The case of the petitioner is as follows : (i) The petitioner's brother - the said Mr.Sivakumar died in a road accident on 21.1.2024. He was a bachelor whereas the second respondent, who is already a married woman, seemed to have had some relationship with the said Mr.Sivakumar. Taking advantage of the same, she got her name included in the death certificate that was issued in the name of the said Mr.Sivakumar.

(ii) Taking further advantage of the same, the second respondent also filed M.C.O.P.No.49 of 2024 on the file of the Motor Accidents Claims Tribunal, MACT No.1 (District Level) at Thiruvallur 2/4

claiming compensation on account of the death of the said Mr.Sivakumar. The petitioner also made a representation in this regard to the first respondent to remove the name of the second respondent from the death certificate. Since the same has not yet been considered, the above writ petition has been filed.

4. Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court, the writ petition is disposed with a direction to the first respondent to consider the representation of the petitioner dated 19.11.2024 and after issuing notice to the second respondent, the first respondent shall ascertain as to whether the second respondent is already married to one Mr.Sasikumar since the same is reflected in the birth certificate that was issued to the son of the second respondent and thereafter take a decision within a period of four weeks from the date of receipt of a copy of this order. No costs.

23.7.2025 RS 3/4

N.ANAND VENKATESH,J RS To The Registrar of Births & Deaths, Greater Chennai Corporation, Zone 05, Division 59A, No.105, Basin Bridge Road, Royapuram, Chennai.

W.P.No.37529 of 2024 23.7.2025 4/4