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Madras High CourtWP/4450/2019disposed of

K.Manigandan v. The Collector

2019-02-18Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.02.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.4450 of 2019 K.Manigandan

...Petitioner

Vs.

1.The Collector Kancheepuram Kancheepuram District.

2.The Tahsildar Kancheepuram Kancheepuram District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the second respondent to consider the representation of the petitioner dated 10.04.2018 to issue Death Certificate of Munusamy Naicker. For Petitioner :

Mr.C.Samadharma Arasu For Respondents:

Mr.E.Balamurugan Special Government Pleader

O R D E R

Mr.E.Balamurugan, learned Special Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. Heard both sides.

3. The petitioner seeks for a Mandamus directing the second respondent to consider the representation dated 10.04.2018, wherein and whereby, he sought for issuance of a duplicate Death Certificate of Munusamy Naicker, who is the petitioner's grandfather died on 01.10.2006.

4. It is seen that the Death Certificate of Munusamy Naicker was already issued by the Tahsildar, Kancheepuram on 28.11.2007. It is stated that the said Death Certificate was misplaced due to flood in the area. Thereafter, the petitioner made a https://hcservices.ecourts.gov.in/hcservices/

representation to the Tahsildar, Kancheepuram District on 10.04.2018 seeking for issuance of duplicate Death Certificate of Munusamy Naicker. Now, the grievance of the petitioner before this Court is that the said representation has not been considered by the respondents so far.

5. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the second respondent to consider and decide the same on merits and in accordance with law. Accordingly, this writ petition is disposed of, only by directing the second respondent to consider the representation dated 10.04.2018 and pass orders on the same on merits and in accordance with law, after conducting due enquiry. Such exercise shall be done by the second respondent within a period of four weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mk To 1.The Collector Kancheepuram Kancheepuram District.

2.The Tahsildar Kancheepuram Kancheepuram District.

+1cc to Mr.C.Samadharma, Advocate Sr.14412 W.P.No.4450 of 2019 sr[co] srg 7/3/2019 https://hcservices.ecourts.gov.in/hcservices/