IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J.
K. Amsa - Appellant
Versus
The Chennai Corporation Commissioner, Chennai & Another - Respondent
W.P. No. 15373 of 2022
Decided On : 13-06-2022
Mandamus - Rectification of Death Certificate - The court directed the second respondent to consider the petitioner's representation seeking correction of the death certificate of her husband by mentioning the correct name of her husband as R.Kumar instead of R.Udhayakumar on merits and in accordance with law.
Fact of the Case:
The petitioner sought a direction to the second respondent to consider her representation seeking rectification of her husband's name in his death certificate.
Finding of the Court:
The court directed the second respondent to consider the petitioner's representation and pass final orders within eight weeks after affording a fair hearing to the petitioner.
Issues: Rectification of husband's name in death certificate.
Ratio Decidendi: The court emphasized that the representation should be considered on merits and in accordance with the law, and the petitioner should be granted a right of personal hearing.
Final Decision: The court directed the second respondent to consider the petitioner's representation seeking correction of the death certificate of her husband and disposed of the writ petition.
JUDGMENT
(Prayer: Writ petition filed under Article 226 of the Constitution of India for writ of Mandamus directing the second respondent to dispose the petitioner's representation dated 01.04.2022 within the stipulated time period fixed by this Court.)
1. This writ petition has been filed seeking for a direction to the second respondent to consider the petitioner's representation dated 01.04.2022 seeking for rectification of the petitioner's husband name in his death certificate.
2. Mr.P.Manoj Kumar, learned standing counsel accepts notice on behalf of the respondents. By consent of both parties, this writ petition is taken up for final hearing in the admission stage itself.
3. According to the petitioner, in the death certificate issued by the second respondent, the petitioner's husband name is wrongly mentioned as R.Udhayakumar at the instance of her father-in-law. However according to the petitioner, the correct name of her husband is R.Kumar. The petitioner has given a representation on 01.04.2022 requesting the second respondent to make necessary correction in the death certificate of her husband. Since the said representation has not been considered till date, the petitioner has filed this writ petition.
4. Heard Mr.R.Ram Kumar, learned counsel for the petitioner and Mr.P.Manoj Kumar, learned standing counsel for the respondents.
5. The petitioner has filed documents viz., a copy of the Aadhar Card, a copy of the election identity card and a copy of the family card of her deceased husband along with this writ petition to substantiate her case that the correct name of her husband is R.Kumar and not R.Udhayakumar. It is for the respondents to consider the representation of the petitioner on merits and in accordance with law after affording a fair hearing to the petitioner.
6. No prejudice would be caused to the respondents, if the petitioner's representation dated 01.04.2022 seeking for correction of name of her husband in the death certificate is considered on merits and in accordance with law.
7. For the foregoing reasons, this Court directs the second respondent to consider the petitioner's representation dated 01.04.2022 seeking for correction of the death certificate of her husband by mentioning the correct name of her husband as R.Kumar instead of R.Udhayakumar on merits and in accordance with law and pass final orders within a period of eight weeks from the date of receipt of a copy of this Order after affording a fair hearing to the petitioner including granting her a right of personal hearing.
8. With the aforesaid direction, this writ petition is disposed of. No costs.
The court's decision emphasized the importance of considering representations on merits and in accordance with the law, and granting the petitioner a right of personal hearing.
Court directs authorities to consider representation for correcting erroneous spouse name in death certificate within stipulated time.
Belated rectification requests for death certificates after significant delay not entertained by court.
An authority under the Birth and Death Registration rules is empowered to rectify entries in a death certificate upon verification and enquiry, provided there are no rival claims to the contrary.
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