Madras High CourtWP(MD)/16838/2025disposed of

Santhanam v. The Revenue Divisional Officer,

2025-06-23Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Santhanam ... Petitioner Vs.

1. The Revenue Divisional Officer, (*) Pattukkottai,

2. The Registrar(Birth and Death), 21, Muthal Cherry Village Panchayat, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the first respondent to rectify the mistake by including the petitioner's name instead of Periyasamy in the column of Husband in the death certificate dated 03.09.2020 in Registration NumberD-2020:33-9668-000020 by considering the petitioner's representation dated 02.01.2025 within stipulated time as fixed by this Court. For Petitioner : Mr.S.Saravana Kumar For Respondents : Mr.M.Senthil Ayyanar Government Advocate 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the first respondent to rectify the mistake by including the petitioner's name, instead of Periyasamy, in the column titled 'Husband' in the death certificate dated 03.09.2020, by considering the petitioner's representation dated 02.01.2025.

2. The petitioner married one Paapathi, who is a widow. However, the name of the Paapathi's first husband was mentioned in the death certificate. Aggrieved over the same, the present writ petition has been filed.

3. The learned Government Advocate appearing for the respondents, on instructions, submitted that the legal heirs of the deceased first husband, Periyasamy, had obtained the death certificate by including Paapathi and other legal heirs and left the second husband. The death certificate and legal heir certificate were issued without affording an opportunity of hearing to the petitioner, the second husband.

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4. Therefore, this Court is directing the first respondent to conduct an enquiry by calling the petitioner as well as the other legal heirs of Paapathi, and thereafter, pass appropriate orders in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.

5. With the above said direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- 23.06.2025 (*)Corrected as per order of this Court dated 06/08/2025 made in WMP(MD)No.

16506 of 2025 in WP(MD).16838 of 2025 Sd/- Assistant Registrar ( ) // True Copy // /08/2025 Sub Assistant Registrar (CS- I/ II / III / IV) jbr To:- (*)To be substituted to the order already despatched on 01/08/2025 To:

1. The Revenue Divisional Officer, (*) Pattukkottai, 3/4

2. The Registrar(Birth and Death), 21, Muthal Cherry Village Panchayat, +1 CC to M/s.SPL GP ( SR-36481[F] dated 24/06/2025 ) DATED : 23.06.2025 SB/25.07.2025 4P/4 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 JJ/25.08.2025 4P/4 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4