Kalaivani.K v. The Registrar (Birth And Death)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH K.Kalaivani ... Petitioner Vs.
1. The Registrar (Birth & Death) Government Hospital, Ramanathapuram.
2. The Hospital Superintendent, Government District Head Quarters Hospital, Ramanathapuram.
3. The Health Inspector, Birth & Death Registration Department, Government District Head Quarters Hospital, Ramanathapuram.
4. The Medical Officer, Emergency Section, Government District Head Quarters Hospital, Ramanathapuram.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, directing the respondents herein, particularly the respondents 3 and 4 herein to issue the corrected extract of the death certificate of petitioner's husband as per the proceedings of the 2nd respondent Moo.Mu.No.700/P2/2020, dated 10.02.2021, without any further delay and within a reasonable time as may be fixed by this Court.
For Petitioner : Mr.V.Janakiramulu For Respondents : Mr.M.Lingadurai Government Advocate
ORDER
This writ petition has been filed for the issue of a Writ of Mandamus, directing the third respondent to proceed further with the enquiry as per the proceedings of the second respondent, dated 10.02.2021 and issue Death Certificate of the petitioner's husband after carrying out all the corrections.
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2.The case of the petitioner is that her husband was admitted for treatment before the fourth respondent hospital and he died on 10.07.2020. A Death Certificate was issued by the third respondent, wherein, it was found that the name of the petitioner was wrongly mentioned as Krishnaveni instead of Kalaivani. That apart the date of death of the husband of the petitioner was also wrongly mentioned.
3.In view of the above, the petitioner made representations to the second and third respondents to carry out the corrections in the Death Certificate and to issue a fresh Death Certificate by providing the correct particulars.
On receipt of this representation, the second respondent through proceedings, dated 10.02.2021, directed the correction of the name of the petitioner as Kalaivani instead of Krishnaveni. In spite of this proceedings of the second respondent, the third respondent did not follow up and did not carry out the necessary corrections and even the representation that was sent by the petitioner to the third respondent, on 23.04.2021, did not evoke any response. Left with no other alternative, the present writ petition has been filed before this Court, seeking for appropriate directions. 4.Heard Mr.V.Janakiramulu, learned counsel for the petitioner and Mr.M.Lingadurai, learned Government Advocate for the respondents.
5.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 third respondent to act upon the proceedings of the second respondent, dated 10.02.2021 and the representation made by the petitioner, on 23.04.2021 and carry out the necessary corrections in the Death Certificate and issue a fresh Death Certificate to the petitioner within a period of four weeks from the date of receipt of a copy of this order. 6.This writ petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar (CRL) // 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.
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To
1. The Registrar (Birth & Death) Government Hospital, Ramanathapuram.
2. The Hospital Superintendent, Government District Head Quarters Hospital, Ramanathapuram.
3. The Health Inspector, Birth & Death Registration Department, Government District Head Quarters Hospital, Ramanathapuram.
4. The Medical Officer, Emergency Section, Government District Head Quarters Hospital, Ramanathapuram.
+1 CC to M/s.SPL GP (SR-24017[F] dated 27/07/2021) +1 CC to M/s.T.LAJAPATHI ROY, Advocate(SR-23934[F] dated 27/07/2021) 26.07.2021 RC (02.08.2021)3P-7C 3/3