Thangavel v. The Corporation Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2025

CORAM

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN Thangavel .. Petitioner Vs.

1.The Corporation Commissioner, Madurai Corporation, Madurai.

2.The Health Inspector and Death and Birth Registrar, Madurai Corporation, Madurai.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents to correct the petitioner's daughter's death certificate in AD No.3247 dated 28.09.2016 as Pandiammal daughter of Thangavelu instead of Pandiammal daughter of Ayyappan in the death certificate issued by the respondents by considering his representation dated 06.12.2024.

For Petitioner : Ms.M.Deepajothi For Respondents : Mr.S.Vinayak

ORDER

The Writ Petition seeks for a Mandamus to direct the respondents to correct the details of the petitioner's daughter, Pandiammal's death

certificate as Pandiammal, daughter of Thangavelu, instead of Pandiammal, daughter of Ayyappan.

2. When the matter came up for hearing before this Court on 25.02.2025, Mr.S.Vinayak representing the respondents stated that if the details of the family card, voter ID, certificate from the hospital where Pandiammal took her last breath, Aadhaar card and school certificate are furnished to the effect that Pandiammal is the daughter of Thangavel and late fee is paid, the respondents would consider the application made by the petitioner.

3. Ms.M.Deepajothi for the petitioner submitted that the petitioner would file the application by 05.03.2025 and hand over the records to the learned Standing Counsel. The late fee was paid and the records were handed over only on 07.03.2025.

4. When the matter was taken up for hearing today (19.03.2025), Mr.S.Vinayak has produced the corrected death certificate of Pandiammal to the effect that she is the daughter of Thangavel.

5. The fact that Pandiammal is the daughter of Thangavel has been brought on record. The issue whether Pandiammal was the wife of Ayyappan or the wife of Murugan has to be relegated to the Civil Court. The grievance

of the petitioner that his name is not found in the death certificate has been addressed. Accordingly, the Writ Petition is ordered. There shall be no order as to costs.

6. It is open to the concerned parties including Murugan, the alleged husband of Pandiammal, to approach the jurisdictional Civil Court and obtain a declaration of the marital status.

19.03.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Lm To 1.The Corporation Commissioner, Madurai Corporation, Madurai.

2.The Health Inspector and Death and Birth Registrar, Madurai Corporation, Madurai.

V.LAKSHMINARAYANAN,J.

Lm 19.03.2025