Disposed¶41

A.Kayalvizhi v. the Commissioner

Madras HC30 Jan 2025WP/2639/2025

Case brief

AI extract

What is this about?

W.P. disposed: Madras HC (S. Sounthar, J., 30.01.2025) directs Registrar, Birth and Death (Zone V), Greater Chennai Corporation to consider petitioner's representation dated 11.12.2024 seeking correction of deceased husband Manohar Solomon Daniel's death certificate ('Marry Jayam' erroneously entered as wife instead of petitioner) and pass final orders on merits with opportunity to interested parties within six weeks; Article 226 mandamus; no costs.

What did the court decide?

Mandamus direction to the fourth respondent to consider the petitioner's representation and pass final orders on its own merits, after affording due opportunity to the petitioner and other interested parties, within six weeks from receipt of copy of the order; no order as to costs. ¶41

A.Kayalvizhi Vs the Commissioner — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the fourth respondent should be directed, by writ of mandamus, to dispose of the petitioner's representation dated 11.12.2024 seeking correction of her deceased husband's death certificate.

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Court's answer

The fourth respondent is directed to pass final orders on the petitioner's representation on its own merits, after affording due opportunity to the petitioner and other interested parties, within a period of six weeks from the date of receipt of copy of the order.

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Ratio / Principle

The direction was issued on the strength of the learned Standing Counsel's submission and without going into the merits of the petitioner's claim.

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Detailed headnote1 paragraphs

Madras High Court (S. Sounthar, J.), by order dated 30.01.2025 in W.P.No.2639 of 2025, disposed of a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the fourth respondent (Registrar, Birth and Death, Zone V, Greater Chennai Corporation) to dispose of the petitioner A. Kayalvizhi's representation dated 11.12.2024. The petitioner stated she was the legally wedded wife of Manohar Solomon Daniel (died 22.11.2023) and that his death certificate erroneously recorded the name 'Marry Jayam' in the wife column instead of hers; her representation seeking correction had not been considered. On the learned Standing Counsel's submission that the representation would be considered in accordance with law, and without going into the merits, the court directed the fourth respondent to consider the representation (referred to in the operative direction as dated 11.11.2024) and pass final orders on its own merits, after affording due opportunity to the petitioner and other interested parties, within six weeks from receipt of a copy of the order. No order as to costs.

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W.P.No.2639 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated 30.01.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE S.SOUNTHAR

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W.P.No.2639 of 2025

A.Kayalvizhi

... Petitioner

Vs.

The Commissioner, Greater Chennai Corporation, Ripon Building, Chennai 600 003.

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The Deputy Director (Public Health), Greater Chennai Corporation, Ripon Building, Chennai 600 003.

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The Zonal Health Officer, Zone-V, Greater Chennai Corporation, Mint Bus Depot, Chennai.

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The Registrar, Birth and Death (Zone V), Greater Chennai Corporation, Mint Bus Depot, Chennai.

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The Office Incharge, Greater Chennai Corporation Burial Ground, Kilpauk Cementry, Chennai-10.

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The Medical Record Officer, Rajiv Ganthi General Government Hospital, Chennai 600 003. ... Respondents

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https://www.mhc.tn.gov.in/judis

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Page 1 of 6

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Prayer:

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W.P.No.2639 of 2025

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Prayer: Writ petition filed under Article 226 of Constitution of India

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seeking for issuance of Writ of Mandamus, directing the fourth respondent to dispose of the petitioner's representation dated 11.12.2024 based on the documents submitted by her in a time framed

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manner.

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For Petitioner : Mr. L.Prabahar

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For Respondents : Mr.S.Gopinathan, Standing Counsel

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for respondents 1 to 5

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Mr.G.Ameedias, Government Advocate for sixth respondent

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ORDER

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The writ petition is filed seeking a direction to the fourth respondent to dispose of the petitioner's representation dated 11.12.2024.

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It is the case of the petitioner that she is the legally wedded

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wife of Manohar Solomon Daniel, who died on 22.11.2023. It is further stated by the petitioner that in the death certificate of her husband, in the column meant for wife, the name of one ' Marry Jayam '

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Page 2 of 6 https://www.mhc.tn.gov.in/judis

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W.P.No.2639 of 2025

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is mentioned erroneously, instead of the name of the petitioner. Therefore, the petitioner submitted a representation before the fourth respondent, seeking correction of the death certificate, by substituting the name of the petitioner, in the place of' 'Marry jayam'. The said representation has not been considered till date. Hence, the petitioner has come before this court.

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Mr.S.Gopinathan, learned Standing Counsel takes notice for respondents 1 to 5 and Mr.G.Ameedias, learned Government Advocate takes notice for sixth respondent .

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The learned Standing Counsel appearing for the respondents 1 to 5 would submit that the representation of the petitioner will be considered in accordance with law and orders will be passed within a time stipulated by this court.

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In view of the submission made by the learned Standing

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Counsel, without going into the merits of the claim made by the petitioner, this court is inclined to direct the fourth respondent to Page 3 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.2639 of 2025

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consider the representation of the petitioner dated 11.11.2024 and pass final orders on its own merits, after affording due opportunity to the petitioner and other interested parties, within a period of six weeks from the date of receipt of copy of the order.

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