IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J
Manjula – Appellant
Versus
The Registrar of Birth and Death Greater Chennai corporation – Respondent
Writ Petition
| Table of Content |
|---|
| 1. petition challenges rejection of death certificate wife name correction. (Para 2) |
| 2. no hearing granted; documents ignored in rejection. (Para 3 , 4) |
| 3. violation of natural justice principles confirmed. (Para 5 , 6 , 7) |
| 4. order quashed; remanded for fresh hearing within eight weeks. (Para 8) |
ORDER
This writ petition has been filed, challenging the impugned order dated
29.09.2025 issued by the second respondent, rejecting the petitioner’s request to correct the name of the wife of the deceased S. Karthikeyan Subramanian in the death certificate issued by the first respondent.
2. The petitioner claims that she is the legally wedded wife of S.
Karthikeyan Subramanian. The petitioner along with her representation, enclosed documents in support of her contention that she is the legally wedded wife of S. Karthikeyan Subramanian. However, in the death certificate issued for S. Karthikeyan Subramanian, the name of his wife is disclosed as Akila.G. According to the petitioner, the said Akila.G only assisted S. Karthikeyan Subramanian at the time of his accident, which resulted in his death.
3. Ms. Aswini Devi K, learned Additional Government Pleader accepts notice on behalf of the respondents.
4. Admittedly, no opportunity of hearing was granted to the petitioner, before passing the impugned rejection order dated 29.09.2025 by the second respondent. The documents produced by the petitioner in support of her case, that she is the legally wedded wife of S. Karthikeyan Subramanian, have also not been considered by the second respondent.
5. No prejudice would be caused to any of the parties, if the matter is remanded back to the very same respondent for fresh consideration on merits and in accordance with law after hearing the contentions of the petitioner as well as Akila G., whose name has been disclosed in the death certificate as the wife of S. Karthikeyan Subramanian.
6. This Court is not expressing any opinion on the merits of the respective contentions.
7. Since the impugned order has been passed without affording any opportunity of hearing to the petitioner, this Court is of the considered view that the impugned rejection order dated 29.09.2025 is an order passed in violation of the principles of natural justice. In view of the same, the impugned order dated
29.09.2025 passed by the second respondent has to be quashed by this Court.
8. Accordingly, the impugned order dated 29.09.2025 passed by the second respondent is hereby quashed and the matter is remanded back to the second respondent for fresh consideration on merits and in accordance with law. The second respondent shall issue notice to the petitioner as well as the Akila G., whose name is disclosed as the wife of the deceased S. Karthikeyan Subramanian in the death certificate in respect of the petitioner’s application, seeking for inclusion of her name as the wife of S. Karthikeyan Subramanian in place of Akila G. and after hearing their respective contentions and after giving due consideration to the supporting documents produced by them, the second respondent shall pass final orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.
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