Askar Ali v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.19847 of 2025 Askar Ali ... Petitioner Vs.

1.The Commissioner, Office of the Commissioner, Madurai Corporation, Aringar Anna Maligai, Madurai District.

2.The Dean, O/o.The Dean, Government Rajaji Hospital, Madurai.

3.The Sanitary Inspector Cum Births and Deaths Registrar, Office of the Sanitary Inspector Cum Births and Deaths Registrar, Government Rajaji Hospital Campus, Madurai Corporation, Madurai District.

4.The Inspector of Police, Silaiman Police Station, Madurai District.

(In Crime No.214 of 2024).

5.The Inspector of Police, All Women Police Station, Manamadurai, Sivagangai District.

(In Crime No.11 of 2024).

...Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondent Nos.1 and 3 to make necessary correction in the Petitioner daughter's death certificate vide Registration Number D/2024:33-16046-006562 dated 18.10.2024 on the file of the Respondent No.3 in the light of proceeding passed by the Respondent No.2 in O.Mu.No.18820/Tha.Se.2/2024 dated 08.11.2024 within the time stipulated by this Court.

For Petitioner : Mr.M.U.Shameem John For R1 : Mr.S.Devasena Standing Counsel For R2 and R3 : Mr.K.R.Badurus Zaman Government Advocate For R4 and R5 : Mr.Vaikkam Karunanithi Government Advocate (Crl.Side)

ORDER

This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioner and the learned counsels for the respective respondents.

2. The petitioner has filed this Writ Petition for seeking a Mandamus, to direct the respondent Nos.1 and 3 to make necessary corrections in the death 2/7

certificate of petitioner's daughter, vide Registration Number D/2024:33-16046-006562, dated 18.10.2024 on the file of the respondent No.3 in the light of proceeding passed by the respondent No.2 in O.Mu.No. 18820/Tha.Se.2/2024 dated 08.11.2024.

2. It is the specific case of the petitioner that her minor daughter, aged about 18 years, met with an accident on 04.09.2024 and was admitted to the second respondent hospital, where she remained under treatment until 14.10.2024, when she passed away.

3. It is submitted that two FIRs were registered in connection with the incident. The fourth respondent registered FIR in Crime No.214 of 2024 against the driver, who hit the petitioner's daughter, and the fifth respondent registered FIR in Crime No.11 of 2024 against one Kathirvel, as the petitioner's daughter, being a minor, was found to be pregnant during the course of her treatment. Upon enquiry, it was revealed that the said Kathirvel had a physical relationship with the petitioner's daughter by falsely promising to marry her. 3/7

4. The learned counsel for the petitioner would submit that the third respondent has issued the death certificate containing incorrect particulars. In particular, it is submitted that the name of the petitioner's daughter has been erroneously mentioned as "Parveen" instead of "Appreedha Parveen". It is further submitted that the names of the parents have been omitted, and the name of the accused has been wrongly shown as the husband of the petitioner's daughter. That apart, it is submitted that the correct date of birth of the petitioner's daughter is 20.09.2006; however, her age has been incorrectly mentioned as 20 years, whereas she was, in fact, aged about 18 years at the time of death.

5. The learned counsel for the petitioner would submit that although corrections were effected in the medical records by the second respondent, the death certificate continues to reflect the aforementioned incorrect particulars.

6. Having considered the submissions made by the learned counsel for the petitioner and the learned counsel for the respondents, I am inclined to direct the third respodent to make necessary corrections in the aforesaid death certificate of the petitioner's daughter, issued on 18.10.2024. 4/7

7. Under these circumstances, the third respondent is directed to incorporate the correct particulars of the petitioner's daughter in her death certificate as stated above. This exercise shall be completed within a period of six weeks from the date of receipt of copy of this order.

8. With the above directions, this Writ Petition is disposed of. No costs. 23.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu 5/7

To 1.The Commissioner, Office of the Commissioner, Madurai Corporation, Aringar Anna Maligai, Madurai District.

2.The Dean, O/o.The Dean, Government Rajaji Hospital, Madurai.

3.The Sanitary Inspector Cum Births and Deaths Registrar, Office of the Sanitary Inspector Cum Births and Deaths Registrar, Government Rajaji Hospital Campus, Madurai Corporation.

4.The Inspector of Police, Silaiman Police Station, Madurai District.

5.The Inspector of Police, All Women Police Station, Manamadurai, Sivagangai District.

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C.SARAVANAN, J.

Indu W.P(MD) No.19847 of 2025 23.07.2025 7/7