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Madras High CourtWP(MD)/21277/2014disposed of

G.H Karthiga, v. The Commissioner,

2016-07-04Honourable Mr Justice M. Venugopal2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.07.2016

CORAM:

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P.(MD)No.21277 of 2014 G.H.Karthiga ... Petitioner Vs.

The Commissioner, Madurai Corporation, Madurai.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to issue death certificate of the petitioner's mother Santhi, by considering the petitioner's representation dated 18.12.2014.

For Petitioner : G.H.Kartihiga, Party-in-Person For Respondent : Mr.R.Prabu Ramachandran, Standing Counsel

O R D E R

Heard the party-in-person and the Learned Standing Counsel for the Respondent/Madurai Corporation.

2. According to the Petitioner, her father borrowed money from many persons and due to financial problems, her mother Santhi consumed acid and committed suicide. Subsequently, a postmortem was held on 21.11.2007 at Madurai Government Hospital. Also, a case was registered in Crime No.409 of 2007 under Section 174 of Cr.P.C. by the Thirupparankundram Police Station.

3. The stand of the Petitioner is that her mother's I.P. number is 89311 at Madurai Rajaji Hospital and in the mortuary label, her mother's name was not mentioned. However, in the burial receipt of the Respondent / Madurai Corporation, her mother's name was mentioned as Santhi, W/o.Hariram. In fact, she made her application before the Respondent seeking for death certificate of her mother Santhi. However, the Officials of the Respondent Corporation refused the death certificate of her mother and mentioned that her mother's name was not mentioned in the mortuary label. After her mother's death, her father had gone out of the house and she, her sister and her brother are living in a pathetic https://hcservices.ecourts.gov.in/hcservices/

condition. According to the Petitioner, the death certificate of her mother is an important document and as such, she sent a representation to the Respondent on 18.12.2014. However, the same has not been considered.

4. Considering the fact that the Petitioner, in the present writ petition, has only sought for passing of an order by this Court in directing the Respondent /Commissioner of Madurai Corporation to issue death certificate of her mother, by considering her representation dated 18.12.2014, at this stage, this Court, without going into the merits and contents of the representation of the petitioner dated 18.12.2014, simpliciter, directs the Respondent/Commissioner of Madurai Corporation to look into the representation of the petitioner, dated 18.12.2014 and to pass a reasoned speaking order on merits within a period of three weeks from the date of receipt of a copy of this order. It is open to the Respondent / Commissioner of Madurai Corporation to obtain necessary copies of records/documents from the Petitioner and if the Petitioner is required to submit such useful records/documents, then it may be supplied by the Petitioner to the Respondent, so as to enable the Respondent to do the needful to her within the time determined by this Court.

5. With the aforesaid observation and direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar To The Commissioner, Madurai Corporation, Madurai. +1 cc to M/s.R.Prabhu Ramachandran, Advocate in SR.No.34679 +1 cc to M/s.R.Venkatesan, Advocate in SR.No.34696 akv CSL/GSV-PM/18.07.2016 :2P/4C W.P.(MD)No.21277 of 2014 04.07.2016 https://hcservices.ecourts.gov.in/hcservices/