Manjula v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2019
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Manjula ... Petitioner Vs.
1. The Superintendent of Police Karur District, Karur
2. The Inspector of Police Mayanoor Police Station Mayanoor, Krishnarayapuram Taluk Karur District
3. The Village Administrative Officer Manavasi Revenue Village Manavasi, Krishnarayapuram Taluk Karur District
4. The District Police Surgeon and Department of Forensic Medicine Government Medical College Karur ... Respondents Prayer:Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus, directing the respondents to change the Petitioners deceased husbands name as M.Devarasan , S/o.Malaiyandi, instead of M.Thiyagarajan in FIR in Crime No.169 of 2019 on the file of the 2nd respondent Police and in Post Mortem Certificate, which was issued by the 4th respondent For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.R.Anandharaj No.1 to 4 Additional Public Prosecutor
O R D E R
The prayer in this writ petition is to direct the respondents to change the Petitioners deceased husbands name as M.Devarasan , S/o.Malaiyandi, instead of M.Thiyagarajan in FIR in Crime No.169 of 2019 on the file of the 2nd respondent Police and in Post Mortem Certificate, which was issued by the 4th respondent
2. The husband of the petitioner met with an accident on 08.08.2019 at about 08.25p.m while he was walking on the left side of the road on Trichy- Karur Main Road near S.S.Garden, Manavasi. The two wheeler which was driven by one Kandasamy in a rash and 1/3
negligent manner dashed against him and due to accident, the husband of the petitioner sustained head injury and died on 09.08.2019. After conducting post mortem the body of the deceased was kept in mortuary and thereafter the death of the petitioner's husband was intimated to her. In pursuant to the said accident, the second respondent registered a a case in Crime No.169 of 2019 as against the offended vehicle. Unfortunately in the post Mortem Certificate and other documents the second respondent wrongly entered the name of the deceased as M.Thiyagarajan whereas his original name is M.Devarasan.
3. Considering the above facts and circumstances of the case, the petitioner is directed to appear before the second respondent and submit all the documentary proof and particulars of her husband name and on receipt of the same the second respondent is directed to alter the name of the deceased and pass orders on merits and inaccordance with law within a period of four weeks from the date of receipt of documentary proof from the petitioner.
4. With the above observation and direction, the Writ Petition stands disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar(CS) aav To
1. The Superintendent of Police Karur District, Karur
2. The Inspector of Police Mayanoor Police Station Mayanoor, Krishnarayapuram Taluk Karur District
3. The Village Administrative Officer Manavasi Revenue Village Manavasi, Krishnarayapuram Taluk Karur District
4. The District Police Surgeon and Department of Forensic Medicine Government Medical College Karur 2/3
5.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai +1 CC to M/s.N.SUDHAGAR NAGARAJ, Advocate ( SR-99319[F] dated 19/11/2019 ) 19.11.2019 KK/SAR/12.12.2019/3P-7C/ 3/3