Madras High CourtWP(MD)/30163/2023allowed

Pandiammal v. The Commissioner

2023-12-19Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Pandiammal ... Petitioner Vs.

1.The Commissioner, Madurai Corporation, Madurai.

2.The Sanitary Inspector cum Birth and Death Registrar, Madurai Corporation, Madurai.

3.The Tahsildar, Madurai South Taluk, Madurai District.

4.The Revenue Divisional Officer, Madurai.

(R4 is suo motu impleaded by this Court vide order dated 19.12.2023) ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to rectify the name of the petitioner's late husband as "M.Vijayram" instead of the incorrectly spelled M.Jayaram in the Death Certificate issued by the 2nd respondent dated 20.03.2012 bearing reference No. Me.Ma.01/CAR/333/12 and the legal heirship certificate issued by the 3rd respondent bearing Pa.Mu.No. 12107/2012/C.1 dated 15.05.2012.

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For Petitioner : Mr.R.M.Makesh Kumaravel For Respondents : Mr.S.Vinayak for R1 & R2 : Mr.K.Balasubramani Special Government Pleader for R3

ORDER

Heard both sides.

2. The petitioner's husband passed away on 15.03.2012. The death certificate was issued by the Madurai Corporation. Legal heir certificate was issued by the Tahsildar, Madurai South Taluk.

3. The grievance of the petitioner is that her husband's name has been wrongly spelt. According to the petitioner, her husband's name was known as "M.Vijayram". It is stated that he had been wrongly spelt as "M.Jayaram". The petitioner is directed to appear before the second respondent on 04.01.2024 at 03.00 pm and place materials to show that her husband was known only as "M.Vijayram" and not "M.Jayaram". Likewise, the petitioner shall appear before the fourth respondent on 09.01.2024 at 03.00 pm. The second respondent will conduct enquiry. On the second respondent being satisfied about the same, correction shall be made and a revised death certificate shall be issued within two weeks from the date of receipt of a copy of this order. On 2/4

production of the same before the 4th respondent, the 4th respondent will issue a revised legal heir certificate within two weeks thereafter.

4. The Writ Petition is allowed on these terms. No costs. 19.12.2023 Index : Yes / No Internet : Yes/ No rmi To The Tahsildar, Madurai South Taluk, Madurai District.

G.R.SWAMINATHAN, J.

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