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2025 DAILYLAW 52760 (MAD)

G.MADHAMMAL v. THE COMMISSIONER

WP/15230/2025 · 2025-04-29

D Bharatha Chakravarthy

Transfer Petitionbody2025

Judgment text

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W.P.No.15230 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.04.2025 CORAM: THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.15230 of 2025 and W.M.P.No.17181 of 2025 G.MADHAMMAL ... Petitioner Vs 1. THE COMMISSIONER, REGISTRAR OF BIRTH AND DEATH, DHARMAPURI MUNICIPAL OFFICE, DHARMAPURI DISTRICT. 2. THE ASSISTANT TREASURY OFFICER, SUB-TREASURY OFFICE, PALACODE, DHARMAPURI DISTRICT. 3. RATHNA ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned communication dated 18.01.2024, having ref. No.Na.ka. No.86/2024/H1 issued by the first respondent and quash the same and consequently direct the first respondent herein to correct the error and insert the name of the petitioner (G. Madhammal) as wife by deleting the name of Rathna in petitioner's husband's death certificate dated 02.12.2019, having registration No.D-2019;33-2939-000169 by considering the petitioner's representation dated 30.01.2025 within the time frame to be stipulated by this 1/4 https://www.mhc.tn.gov.in/judis W.P.No.15230 of 2025 Court. For Petitioner : Mr.R.Bharath Kumar For R1 : Dr.T.Seenivasan Special Government Pleader For R2 : Mr.S.Senthil Murugan Special Government Pleader ORDER This writ petition is disposed of at the admission stage without notice to the third respondent, as this Court is not determining any of the allegations raised in the writ petition. 2. The grievance of the petitioner is that while issuing the legal heirship certificate, the petitioner’s name was not mentioned. According to the petitioner, the late Gopala Krishnan, who was the petitioner’s husband, first married the petitioner - G.Madhammal, and only later married the third respondent, Rathna. The Tahsildar, Karimangalam, has already conducted an enquiry and issued a certificate on 26.12.2022. 3. In view thereof, this writ petition is disposed of on the following terms:- (i) The petitioner’s representation dated 30.01.2025 shall be taken up 2/4 https://www.mhc.tn.gov.in/judis W.P.No.15230 of 2025 for enquiry by the first respondent - the Commissioner. (ii) The first respondent - the Commissioner shall issue notice to the petitioner as well as the third respondent. The grievance raised by the petitioner shall be decided by the first respondent in the manner known to law. (iii) The order shall be passed within twelve weeks from the date of receipt of the web copy of the order, without waiting for the certified copy of the order. (iv) Consequently, connected miscellaneous petition is closed. No costs. 29.04.2025 Neutral Citation: Yes/No nsl To 1. THE COMMISSIONER, REGISTRAR OF BIRTH AND DEATH, DHARMAPURI MUNICIPAL OFFICE, DHARMAPURI DISTRICT. 2. THE ASSISTANT TREASURY OFFICER, SUB-TREASURY OFFICE, PALACODE, DHARMAPURI DISTRICT. 3/4 https://www.mhc.tn.gov.in/judis W.P.No.15230 of 2025 D.BHARATHA CHAKRAVARTHY, J. nsl W.P.No.15230 of 2025 29.04.2025 4/4 https://www.mhc.tn.gov.in/judis