Gandhimathi v. The Commissioner

W.P.(MD).No.12483 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.12483 of 2021 Gandhimathi ... Petitioner Vs.

The Commissioner, O/o. Madurai Corporation Office, Madurai.

... Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, to direct the respondent to issue a fresh death certificate as mentioned Gandhimathi wife of Krishnan instead of Dhanam Wife of Krishnan to the petitioner by making error in the death certificate of the petitioner's deceased husband, namely, Krishnan by the respondent on 27.11.2020 based on the petitioner's representation dated 18.12.2020.

For Petitioner : Mr.PR.Boomee Rajan For Respondent : Mr.R.Murali Standing Counsel

ORDER

This Writ Petition has been filed for the issue of a writ of Mandamus, directing the respondent to issue a fresh Death Certificate by mentioning the correct name of the petitioner based on the representation made by the petitioner, on 18.12.2020. 2.The case of the petitioner is that her husband Krishnan died, on 01.11.2020, at Velammal Hospital. A Death Certificate was also issued by the hospital, on 27.11.2020. The petitioner thereafter obtained a VAO Certificate and made an application for issuance of Death Certificate to the respondent. The grievance of the petitioner is that the name of the petitioner instead of being mentioned as Gandhimathi has been mentioned as Dhanam. Therefore, the petitioner made a representation to the respondent, on 18.12.2020, to correct this error and to issue a fresh Death Certificate. Since the same was not acted upon, the present writ https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.12483 of 2021 petition has been filed before this Court, seeking for appropriate directions.

3.Heard MR.PR.Boomee Rajan, learned counsel for the petitioner and Mr.R.Murali, learned Standing Counsel appearing for the respondent.

4.Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the respondent to consider the representation made by the petitioner, on 18.12.2020 and carry out the necessary corrections after conducting an enquiry and take a decision, within a period of four weeks from the date of receipt of a copy of this order.

5.The petitioner is directed to make a fresh representation to the respondent along with all relevant documents and also a copy of this order.

6.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) TM NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Commissioner, O/o. Madurai Corporation Office, Madurai.

+1 CC to M/s.PR BOOMEE RAJAN, Advocate ( SR-23969[F] dated 27/07/2021 ) W.P.(MD).No.12483 of 2021 Dated :26.07.2021 RK (04.08.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2