Santhi Singh v. The Tashildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.10429 of 2022 Santhi Singh

...Petitioner

Vs.

1. The Tahsildar Tashildhar Office, Tambaram, Chennai.

2. Assistant Birth and Death Officer Zone - XV.

3. Tahsildar, Sholinganallur

...Respondents

(R2 and R3 suo motu impleaded vide this order) Prayer:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to issue Death Certificate to the petitioner's written representation dated 21.01.2022 with in a stipulated period. For Petitioner :

Mr.V.Kayalvizhi For Respondents :

Mr.TNC Kaushik [R1 & R3] Additional Government Pleader Ms.P.T.Ramadevi [R2] Standing Counsel

O R D E R

Mr.TNC Kaushik, learned Additional Government Pleader accepts notice for R1 & R3/ the newly impleaded respondent and Ms.P.T.Ramadevi, learned Standing Counsel accepts notice for R2 and both learned counsel points out that the relief sought for by the petitioner has to be before the Tahsildar, Sholinganallur, arrayed as R3 in this writ petition.

2. Hence, the Assistant Birth and Death Officer, Zone - XV and the Tahsildar, Sholinganallur are suo motu impleaded as R2 https://hcservices.ecourts.gov.in/hcservices/

and R3 in this writ petition.

3. The prayer is for a mandamus directing R1 to consider the representation of the petitioner dated 21.01.2022. The background to the matter is that the petitioner seeks death certificate in relation to her husband, who had passed away on 16.08.2016 by hanging. A police complaint was registered under FIR bearing No.3196 of 2016 on 16.08.2016. According to the petitioner, the complaint has been enquired into and closed.

4. However, this Court is unaware of the status of the complaint, since the matter is listed today for admission. Thus, the petitioner is permitted to reiterate her representation dated 21.01.2022 before R3/the newly impleaded respondent and such representation, if made within a period of two weeks from today, shall be considered, taking assistance of R2 as well as concerned police authorities, after hearing the petitioner or any other party germane to the matter and orders passed within twelve weeks from date of receipt of copy of this order.

5. This writ petition stands disposed as above. No Costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar nst/ska To

1. The Tahsildar Tashildhar Office, Tambaram,Chennai.

2. Assistant Birth and Death Officer Zone - XV.

3. Tahsildar, Sholinganallur.

+1cc to Mr.P.T.Ramadevi, Advocate, S.R.No.29435 +1cc to Government Pleader, Sr.No.30656(08/06/2022) +1cc to M/s.V.Kayalvizhi, Advocate, S.R.No.29632 [20/06/2022] W.P. No.10429 of 2022 AD(CO) SU(25/05/2022) https://hcservices.ecourts.gov.in/hcservices/