A.Duraisamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.04.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P. No.11812 of 2024 A. Duraisamy ... Petitioner Vs.
1.
The District Collector, District Collector Office, Krishnagiri District, Krishnagiri.
The Revenue Divisional Officer, Sub-Collector Office, Hosur, The Tahsildar, Tenkanikottai Taluk, Krishnagiri District.
The Chief Medical Officer, Government Hospital, Hosur, 5.
The Commissioner, Page No.1 of 5
Hosur Corporation Office, Pagaloor Salai, Hosur, ... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, for issuance of writ of Mandamus, directing the second respondent to register the death of the petitioner's son and issue Death Certificate of the Petitioner's son Ravi to the petitioner based on the representation by the petitioner dated 05.02.2024 within a time frame.
For Petitioner : Mr.L. Muthusamy For R1 to R3 : Mr.U.Bharanidharan Additional Government Pleader For R4 : Mr. K.Tippu Sultan Government Advocate For R5 : Mr.N.Naveen Kumar Government Advocate
O R D E R
The writ of mandamus has been instituted to direct the 2nd respondent to register the death of the petitioner's son Mr.Ravi and issue 'Death Certificate' to the petitioner.
Page No.2 of 5
The petitioner states that his son one Mr.Ravi met with a road accident at Uddanapalli - Raya Kottai Raod, Krishnagiri District and sustained head injuries and died. FIR No.146 of 2022 dated 03.08.2022 was registered by Uddanapalli police station under Sections 279, 304 (A) of IPC. The petitioner, who is the father of the deceased, had not registered the death immediately due to the circumstances. The son of the petitioner died in young age and subsequently, the petitioner submitted an application on 05.02.2024, seeking issuance of 'Death Certificate' for his deceased son. The petitioner came to know that death was not registered, despite the fact that a criminal case was registered.
Therefore, this Court is of the considered opinion that since it is a case of road accident that a criminal was registered and the son of the petitioner died in the hospital, there is no impediment for the Authorities to register the death and issue 'Death Certificate' to the petitioner. Accordingly, the respondents are directed to register the death of Mr.Ravi S/o. A. Duraisamy/petitioner in the death register and consequently issue 'Death Certificate' to the petitioner within a period of four (4) weeks Page No.3 of 5
from the date of receipt of a copy of this order. Accordingly, the Writ Petition stands allowed. No costs.
26.04.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No veda To 1.
The District Collector, District Collector Office, Krishnagiri District, Krishnagiri.
The Revenue Divisional Officer, Sub-Collector Office, Hosur, The Tahsildar, Tenkanikottai Taluk, Krishnagiri District.
The Chief Medical Officer, Government Hospital, Hosur, 5.
The Commissioner, Hosur, Corporation Office, Pagaloor, Salai, Hosur, S.M.SUBRAMANIAM,J.
Page No.4 of 5
veda W.P. No.11812 of 2024 26.04.2024 Page No.5 of 5