Madras High Court
Elanjiyam vs The District Collector on 4 August, 2023
W.P.No.19959 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.08.2023
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR
W.P No.19959 of 2023
Elanjiyam ... Petitioner
Vs.
1.THE DISTRICT COLLECTOR,
Ariyalur District.
2.THE REVENUE DIVISIONAL OFFICER,
Udayarpalayam, Ariyalur District.
3.THE TAHSILDHAR,
Sendurai, Ariyalur District.
4.THE REGISTRAR OF (BIRTH & DEATH),
Town Panchayat Office,
Sannasinallur Village Panchayath,
Sendurai Taluk,
Ariyalur District.
5.MARY IMACULATE ELAVARASI ... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the respondents 1 to 4 herein to cancel
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W.P.No.19959 of 2023
the Death Certificate dated 01.11.2022, issued in the name of Sulochana as
wife of deceaed Kunjithabadham by the Registrar for Birth and Death,
Sannasinallur Village Panchayath, Sendurai Taluk, Ariyalur District and
further directing the Respondents 1 to 4 to issue a fresh Death Certificate by
changing the petitioner name Elanjiyam as wife of the deceased
Kunjithabadham.
For Petitioner : Mr.P.Dinesh Kumar
For R1 to R4 : Mr.C.Selvaraj
Additional Government Pleader
ORDER
The petitioner herein seeks a direction to the respondents 1 to 4 to cancel
the Death Certificate dated 01.11.2022 issued in the name of Sulochana/first
wife of petitioner's husband Kunjithabadham and for a further direction to the
respondents 1 to 4 to issue a fresh Death Certificate by substituting the
petitioner name as wife of the deceased Kunjithabadham.
2. It is the case of the petitioner that her husband Kunjithabadham
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W.P.No.19959 of 2023
married one Sulochana and 5th respondent herein born out of their wed lock.
After death of the said Sulochana, the deceased Kunjithabadham married the
petitioner. In the Death Certificate issued by the 4th respondent, the name of
wife of deceased was mentioned as Sulochana instead of petitioner's name,
who is surviving wife of the deceased.
3. Admittedly, the daughter of first wife of the deceased, namely 5th
respondent herein field a suit for partition against the petitioner and others in
O.S.No.218 of 2004 on the file of Additional District Munsif, Ariyalur and the
suit was decreed. The Trial Court also rendered a finding that petitioner is
entitled to status of the second wife of the deceased by virtue of long
cohabitation. The said judgment was challenged by the petitioner, her husband
and her child in A.S.No.45 of 2012 on the file of Principal District Judge,
Ariyalur and the 5th respondent had filed cross appeal. The First Appellate
Court has remanded the matter to trial Court for receiving documents and
recording evidence. Aggrieved by the same, 5th respondent has filed an appeal
in C.M.A.No.2164 of 2014 before this Court and the same is pending. When
the dispute with regard to the status of the petitioner is pending adjudication
before the Civil Court, this Court is not inclined to issue any direction to the 4th
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W.P.No.19959 of 2023
respondent to issue the corrected Death Certificate by including the name of
the petitioner as surviving wife. It is open to the petitioner to move the 4th
respondent for making correction in the Death Certificate, in case the Civil
Court proceedings culminated in her favour.
4. With this observation, the writ petition is disposed of. No costs.
04.08.2023
Index : Yes/No
Speaking order:Yes/No
Neutral Citation:Yes/No
dm
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W.P.No.19959 of 2023
To
1.THE DISTRICT COLLECTOR,
Ariyalur District.
2.THE REVENUE DIVISIONAL OFFICER,
Udayarpalayam, Ariyalur District.
3.THE TAHSILDHAR,
Sendurai, Ariyalur District.
4.THE REGISTRAR OF (BIRTH & DEATH),
Town Panchayat Office,
Sannasinallur Village Panchayath,
Sendurai Taluk,
Ariyalur District.
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W.P.No.19959 of 2023
S.SOUNTHAR, J.
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W.P.No.19959 of 2023
04.08.2023
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