Madras High CourtWP(MD)/18754/2015disposed of

Maheswari, v. The Commissioner Of

2015-10-14Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2015

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.(MD) No.18754 of 2015 Maheswari ... Petitioner -vs1.The Commissioner of Corporation Madurai Corporation Corporation Office, Madurai 2.The Dean Government Rajaji Hospital Madurai ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondents to issue death certificate for the petitioner's husband death to the petitioner by considering the petitioner's representation, dated 24.08.2015.

For Petitioner : Mr.A.Mohamed Yusuf for Mr.N.Sekar For Respondents : Mr.G.Prabhu Ramachandran Standing Counsel for R1 Mr.A.Muthu Karuppan, G.A., for R2

O R D E R

Mr.G.Prabhu Ramachandran, learned Standing Counsel, takes notice for the first respondent and Mr.A.Muthu Karuppan, learned Government Advocate, takes notice for the second respondent. With the consent of both parties, this writ petition is taken up for final hearing at the admission stage itself.

2. The prayer in the writ petition is for issuance of a writ of mandamus to direct the respondents to issue death certificate for the death of the petitioner's husband, by considering her representation, dated 24.08.2015.

3. According to the petitioner, her husband met with an accident on 09.02.2013, near Urankanpati Bus Stand, Sivagangai Main Road, Madurai, and died on 10.02.2013 during the course of treatment. With regard to the said accident, a case in Crime No.56 of 2013, has been registered in Karupayurani Police Station. On 24.08.2015, she applied for death certificate of her husband to the first respondent. But, the first respondent, without issuing death certificate, has driven the petitioner from pillar to post. Therefore, she has filed this writ petition. https://hcservices.ecourts.gov.in/hcservices/

4. Considering the facts and circumstances, without going into the merits of the petitioner's claim, there will be a direction to the first respondent to consider the petitioner's representation, dated 24.08.2015, and pass appropriate 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.

5. With the above observation, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (Writ) /TURE COPY/ Sub Assistant Registrar krk To:

1.The Commissioner of Corporation, Madurai Corporation, Corporation Office, Madurai.

2.The Dean, Government Rajaji Hospital, Madurai.

+1 cc to MR.R.PRABHU RAMACHANDRAN , ADVOCATE, SR NO: 60884 +1 CC to M/S.SPL.GOVT.PLEADER, SR NO: 60965 JAM /28.10.2015/SKS-RR /2P-5C W.P.(MD) No.18754 of 2015 14.10.2015 https://hcservices.ecourts.gov.in/hcservices/