Petitioner sought mandamus to delete an incorrect name from a death certificate and direct a rehearing. Court directed authorities to complete the enquiry and pass appropriate orders within four weeks.
Directions to complete the enquiry and pass appropriate orders within four weeks.
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W.P. No.21480 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.10.2021
CORAM
THE HONOURABLE MR. JUSTICE R. MAHADEVAN
W.P. No.21480 of 2021
R. Parameswari .. Petitioner
Versus
1. The District Collector,
District Collector Office Complex,
Salem District.
2. The Additional District Collector
(Development)
District Rural Development Agency,
Salem 636 001.
3. The District Revenue Officer,
District Collector Office Complex,
Salem District.
4. The Assistant Director, (Panchayath)
Room No.201 2 nd Floor,
District Collector Office,
Salem District 636 001.
5. The Executive Officer,
Omalur Selection Grade Town Panchayath,
Omalur Taluk, Salem District.
6. The Registrar (Birth and Deat),
Omalur Town Panchayath,
Omalur Taluk, Salem District.
7. Sakthivel .. Respondents
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W.P. No.21480 of 2021
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to delete the name of Mrs.Bakkiyam in the column of wife name of the death certificate dated 14.06.2021 of the deceased Mr.Rajendran, consequently include the correct name of Mrs.R.Parameswari in the column of wife name of the death certificate dated 14.06.2021 issued by the 6th respondent on passing the orders on the enquiry proceedings issued in Na.Ka.No.154/2021/A2, dated 30.06.2021 conducted by the 5th respondent herein, within the time frame fixed by this Court.
For Petitioner : Mr. S. Srinivasan
For Respondents : Mr. Stalin Abhimanyu,
Govt. Counsel (R1 – R6)
ORDER
Mr.Stalin Abhimanyu, learned Government Counsel, takes notice for the
respondents 1 to 6. By consent of both the parties, this writ petition is taken up for final disposal, at the time of admission itself.
2.According to the petitioner, she married one J.Rajendran 40 years ago
and they were blessed with three daughters viz., Mageshwari, Shanthi and
Uma Devi. Her husband was doing Palmyra fruits selling business in Omalur,
where he got acquainted with a woman by name Bakkiam, who is already married and is having two sons through her husband. While so, on 28.05.2021,
the petitioner's husband died in a suspicious manner and the petitioner approached the sixth respondent with a request to issue a death certificate of
her husband. However, she was informed that the seventh respondent, who is
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W.P. No.21480 of 2021
one of the sons of the said Bakkiam, has obtained the death certificate of the deceased Rajendran dated 14.06.2021, wherein the wife of the deceased was mentioned as 'Bakkiam'. Stating that she is the legally wedded wife of the deceased Raja @ Rajendran; herself and her three daughters are the only legal heirs; the seventh respondent has illegally obtained the death certificate mentioning his mother's name 'Bakkiam' as the wife of the deceased, in order to grab the properties standing in the name of the petitioner's deceased husband; and without conducting enquiry, the sixth respondent issued the said death certificate, the petitioner made a representation to the first respondent on 17.06.2021, after marking copies to the other respondents, requesting to cancel the said death certificate dated 14.06.2021 issued by the sixth respondent and issue death certificate afresh by adding her name as wife of the deceased. Based on the said representation, notice in Na.Ka.No.154/2021/A2 dated 30.06.2021 came to be issued by the fifth respondent, calling upon the parties to appear for enquiry on 09.07.2021 and give explanation with supportive documents. Accordingly, both the parties appeared and submitted their explanation. However, no further action was taken by the respondents 5 and 6.
The second respondent also, by proceedings in Na.Ka.No.3922/2021/A12, dated 16.08.2021 directed the fourth respondent to take appropriate action.
Even thereafter, no action was taken, till date, with regard to the claim of the
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W.P. No.21480 of 2021
petitioner. Therefore, the petitioner has come up with this writ petition seeking appropriate direction to the respondent authorities, in this regard.
3.Heard Mr.S.Srinivasan, learned counsel for the petitioner and
Mr.Stalin Abhimanyu, learned Government counsel, taking notice for the respondents 1 to 6 and also perused the documents enclosed in the typed set of
papers.
4.Considering the facts and circumstances of the case and having regard
to the submissions made by the learned counsel on either side, this court directs the respondent authorities to complete the enquiry and pass appropriate orders, with regard to the claim of the petitioner, on merits and in accordance with law, after affording due opportunity of hearing to all the parties, within a
period of four weeks from the date of receipt of a copy of this order.
05.10.2021
Index : Yes/No
msr
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W.P. No.21480 of 2021
To
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W.P. No.21480 of 2021
R.MAHADEVAN, J.
msr/rk
W.P. No.21480 of 2021
05.10.2021
6/6
2 issues framed by the court
Whether the respondent authorities should be directed to complete the enquiry into the death certificate and pass appropriate orders on merits.
Whether the petitioner should be afforded due opportunity of hearing in the enquiry regarding the incorrect name in the death certificate.
1 provisions across 1 enactments
R. Parameswari
The District Collector, Salem District
The Additional District Collector (Development)
R. MAHADEVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
