M.Kavitha, v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.08.2016
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD).No.16358 of 2016 M.Kavitha ...
Petitioner Vs 1.The Commissioner, Madurai Corporation, Madurai.
2.The Registrar, Sanitary Inspector Cum Birth and Death Section, Madurai Corporation, Madurai.
...
Respondents Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondent to issue a correct death certificate in the name of A. Muruganantham and correct the error on light of the Registration of Birth and Death Act, 1969 under section 15 and by considering the petitioner's representation dated 23/08/2016. For petitioner : Mr.V.Balasubramanian For Respondents : Mr.R.Prabhu Ramachandran
ORDER
Mrs.M.Kavitha, W/o.Muruganantham, presently residing at door No.2/21, Perumalpuram, Padukapathu Village, Sathankulam Taluk, Tuticorin District, has lost her husband Mr.A.Muruganantham on 21.09.2014. The marriage invitation card shows that she got married with Mr.A.Muruganantham, S/o.Arunachalam on 28.06.2006. Whileso, after the death of her husband in the Rajaji Government Hospital, Madurai, the petitioner has approached the Madurai Corporation for getting her husband's death certificate on furnishing the correct information showing her husband's name as Mr.A.Muruganantham, S/o.Arunachalam. She has been issued with the Death Certificate incorrectly showing her husband's name as 'A.Murugesan', instead of 'A.Muruganantham'. Hence, she has made a representation on 23.08.2016 seeking correction of her husband's name on the basis of Ration Card, Election Identity Card and marriage Invitation Card, which also correctly show that her husband's name is Mr.A.Muruganandham. But the respondents have https://hcservices.ecourts.gov.in/hcservices/
not till date come forward to issue the Death Certificate correcting the mistake committed at the time of issuance of it. Therefore, she has come forward with this writ petition seeking a direction to the respondents to consider her representation, dated 23.08.2016.
2.The learned Standing Counsel for the respondents, after perusing the Marriage Invitation Card, Aadhar Card, Family Card of the petitioner's husband showing his correct name as Mr.A.Muruganantham, S/o.Arunachalam, requested this Court to give some reasonable time to consider the representation of the petitioner, dated 23.08.2016 and issue correct Death Certificate, after carrying out the correction.
3.
This Court also considering the aforementioned documents viz., Aadhar Card, Family Card, Marriage Invitation Card, is of the view that the representation of the petitioner should be directed to be considered.
4.In view of the above, the second respondent/Registrar, Sanitary Inspector cum birth and death Section, Madurai Corporation is directed to consider the representation of the petitioner, dated 23.08.2016, on the basis of the aforementioned documents, showing the correct name of the petitioner's husband and rectify the mistake in printing the name of the petitioner's husband and issue a new death certificate, within a period of two weeks from the date of receipt of a copy of this order.
5. With the above direction, the writ petition is disposed of. No costs.
Sd/ Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To 1.The Commissioner, Madurai Corporation, Madurai.
2.The Registrar, Sanitary Inspector Cum Birth and Death Section, Madurai Corporation, Madurai.
+1 cc to MR.V.BALASUBRAMANIAN, Advocate SR.NO.49746 +1 cc to MR.R.PRABHU RAMACHANDRAN, Advocate Sr.No.49488 W.P(MD).No.16358 of 2016 31.08.2016 SMA/SS-2/16/09/2016 :2P/5C https://hcservices.ecourts.gov.in/hcservices/