Noor Mohammed v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2022

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.NO.2104 OF 2022 Mr.Noor Mohammed

...Petitioner

Vs 1 The District Collector, Krishnagiri District, Krishnagiri 2 The District Revenue Officer, Krishnagiri Collectorate Office, Krishnagiri.

3. The Tahsildar, Taluk Office, Denkanikottai, Krishnagiri District.

4. Nagavendra

5. Baaji Sab

6. Syed Hasan

7. Ineyath

8. Dadoo Sadik ... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing respondents 1 to 3 to consider the petitioner's representation dated 29.11.2021 within a time frame.

For Petitioner : Ms.R.Aparna For Respondents : Mr.Vadivel Deenadayalan Additional Government Pleder - R1 to R3

O R D E R

Mr.Vadivel Deenadayalan, learned Additional Government Pleader accepts notice for R1 to R3 and is armed with instructions to proceed with the matter finally. In view of the relief sought and the order that is proposed to be passed in

this Writ Petition, no notice is thought necessary to private respondents at this juncture. Hence, by consent expressed by the learned counsel for the petitioner and learned Additional Government Pleader for R1 to R3, this Writ Petition is disposed finally even at the stage of admission.

2. The petitioner prays for a Writ of Mandamus simplicitor directing respondents 1 to 3, being the official respondents, to consider the representation of the petitioner dated 29.11.2021 for issuance of death certificate of great grand father, grand father and mother, who has passed away on 20.07.1977, 18.02.1953 and 14.04.1956 respectively.

3. Even according to the affidavit filed in support of the Writ Petition, the dates and entries to evidence the demise of persons on the aforesaid dates are not available as per the custom prevailing in the Jamath. The petitioner would submit that she has made a complaint before the District Collector for the delay in issuance of death certificates who has forwarded a note in this regard to the Tahsildar, Denkanikottai and enquiry was consequently on-going for a while thereafter. The matter became static at that stage and hence, the present Writ Petition.

4. Learned counsel appearing for R1 to R3 would assure the Court that all efforts would be taken to complete the enquiry after hearing the petitioner as well as other persons who may be necessary to be heard to enable the authorities to consider issuance of the certificates. For this purpose, he would request twelve weeks.

5. Recording the aforesaid, this Writ Petition is disposed directing the third respondent Tahsildar, Denkanikottai to complete the enquiry after hearing the petitioner as well as the private respondents and any other persons who may be necessary and thereafter issue the certificates on the basis of the materials culled out by him, within a period of twelve (12) weeks from today. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sl

To 1 The District Collector, Krishnagiri District, Krishnagiri 2 The District Revenue Officer, Krishnagiri Collectorate Office, Krishnagiri.

3. The Tahsildar, Taluk Office, Denkanikottai, Krishnagiri District.

+1cc to the Government Pleader, S.R.No.8987 W.P. No.2104 of 2022 KG(CO) PM/24/02/2022