Chinnammal v. The Corpoation

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Chinnammal ... Petitioner Vs 1.The Corporation Sanitary Officer, City Corporation, Tiruchirappalli City.

2.The Commissioner, City Corporation, Tiruchirappalli City.

3.The Registrar of Birth and Death, Ward No.52, Tiruchirappalli City Corporation, Tiruchirappalli City.

4.The Dean, Mahatma Gandhi Memorial Government Hospital, Tiruchirappalli.

(R.4 is suo motu impleaded vide Court order dated 14.07.2022 in W.P(MD)No.

3404 of 2017) ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the first respondent passed in proceedings No.Su.Aa.(P.E). KA/12743, dated 07.12.2016 and quash the same and consequently, direct the first respondent to 1/5

issue a fresh death certificate for the death of the petitioner's husband by altering the name of the petitioner's father-in-law as Rengan and the age of the petitioners husband as 65 years in the death certificate issued by the third respondent, dated 27.02.2016 as the petitioner's name was incorrectly entered as Pitchai instead of Chokkan and the name of the petitioner's father-in-law was incorrectedly entered as Kandhan instead of Rengan and the age of the petitioner's husband is entered as 55 years instead of 65 years in the death certificate, dated 27.02.2016 issued by the third respondent. For Petitioner : Mr.T.M.Madasamy For Respondents : Mr.R.Baskaran Standing Counsel for R.1 to R.3 Mr.J.K.Jayaseelan Government Advocate for R.4

ORDER

Heard the learned counsel on either side.

2. The petitioner got married to one Chokan in the year 1983. He passed away on 21.06.2014 due to illness. He had been admitted in the fourth respondent Hospital. When he passed away, information regarding the petitioner's husband's death was furnished, but the particulars were incorrect. Instead of mentioning the name of the petitioner's husband as Chokan, it was mentioned as Pitchai. Instead of mentioning the petitioner's father-in-law's name as Rengan, it was mentioned as Kanthan. Based on the information 2/5

furnished by the fourth respondent, the third respondent issued the death certificate. The petitioner now wants correction.

3. The petitioner is permitted to submit a fresh representation to the fourth respondent containing all the correct particulars. The fourth respondent shall verify the same and thereafter, forward the proposal to the third respondent. Based on the proposal to be received by the fourth respondent, the third respondent will issue a corrected death certificate.

4. The learned Government Advocate appearing for the fourth respondent points out that the death certificate is issued by the Corporation authorities based on the information received from the burial ground. In this case, the certificate in question indicates that the petitioner's husband had taken treatment from the fourth respondent Hospital. At this point of time, it is not possible to verify the correctness of the statements made by the petitioner by getting inputs from the official burial ground. That is why, this Court taking into account the special facts and circumstances, permits the petitioner to move the fourth respondent. The petitioner undertakes to submit such a representation before the fourth respondent within a period of two weeks from the date of receipt of a copy of this order. The fourth respondent shall conduct verification with their available records and submit a proposal to the third 3/5

respondent. Based on the proposal to be received from the fourth respondent, the third respondent will issue the corrected death certificate. The entire exercise shall completed within a period of twelve weeks from thereafter.

5. This writ petition is disposed of accordingly. No costs. 14.07.2022 Index : Yes / No Internet : Yes/ No mga To 1.The Corporation Sanitary Officer, City Corporation, Tiruchirappalli City.

2.The Commissioner, City Corporation, Tiruchirappalli City.

3.The Registrar of Birth and Death, Ward No.52, Tiruchirappalli City Corporation, Tiruchirappalli City.

4.The Dean, Mahatma Gandhi Memorial Government Hospital, Tiruchirappalli.

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G.R.SWAMINATHAN, J.

mga 14.07.2022 5/5