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Madras High CourtWP/14680/2022disposed of

M.Seman v. The Revenue Divisional Officer

2022-06-14Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.14680 of 2022 M.Seman ... Petitioner

Versus

1. The Revenue Divisional Officer, O/o Revenue Divisional officer-Vada Chennai, Thandaiyarpet, Chennai - 600 081.

2. The Tahsildar, O/o Tahsildar, Perambur, Chennai -600 081.

3. The Commissioner, Corporation of Chennai, Rippon Building, Periyamet, Chennai - 600 003.

... Respondents Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus directing the respondents 1 and 2 to issue the death and legal heir certificate of (late) Vasantha, W/o Seman, who died on 14.02.2000 by considering the petitioner's representation dated 12.05.2022.

For Petitioner :

Mr.G.Anandaraj For Respondents :

Mr.K.H.Ravi Kumar Government Advocate For R.1 and R.2 Mr.P.Manoj Kumar Standing Counsel For R.3

ORDER

This writ petition has been filed seeking for a direction to the respondents 1 and 2 to issue the death and legal heir certificate of (late) Tmt.Vasantha, W/o Seman, who died on 14.02.2000 by considering the petitioner's representation on 12.05.2022.

2. Heard Mr.G.Anandaraj, learned counsel for the petitioner and Mr.K.H.Ravi Kumar learned Government Advocate accepts notice on behalf of the respondents 1 and 2 and Mr.P.Manoj Kumar, learned Standing Counsel accepts notice on behalf of 3rd respondent.

3. By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

4. The petitioner seeks for death and legal heirship certificate for his late wife Tmt.Vasantha, who died on 14.02.2000. The petitioner has given a representation for the said purpose with the respondents. Since the representation has not been considered till date, the petitioner has filed this writ petition.

5. At the outset, learned counsels appearing for the respondents would submit that since the deceased died as early as in the year 2000 itself, the petitioner will have to approach the competent authority as prescribed under Section 13 of Registration of Births and Deaths Act, 1969. According to them, the respondents can entertain an application for issuance of Death Certificate only if such application has been submitted within a maximum period of one year from the date of death.

6. Since in the present case, the death is on 14.02.2000, as per Section 13(3) of the Registration of Births and Deaths Act, 1969, the petitioner will have to approach the Magistrate of the First Class or a Presidency Magistrate, as the case may be.

7. Learned counsel for the petitioner, on instructions, would now submit that liberty may be granted to the petitioner to approach the competent Magistrate as prescribed under Section 13(3) of Registration of Births and Deaths Act, 1969.

8. No prejudice would be caused to the authorities concerned, if such a liberty is granted by this Court.

9. After recording the submissions made by the respective learned counsels, this writ petition is disposed of by granting liberty to the petitioner to approach the concerned Magistrate for issuance of the Death Certificate for late Tmt.Vasantha, W/o Seman as per the provisions of Section 13 of Registration of Births and Deaths Act, 1969. No costs. Sd/- Assistant Registrar (CS-VII) //True Copy// Sub Assistant Registrar sr To 1.The Revenue Divisional Officer, O/o Revenue Divisional officer-Vada Chennai, Thandaiyarpet, Chennai - 600 081.

2.The Tahsildar, O/o Tahsildar, Perambur, Chennai -600 081.

3.The Commissioner, Corporation of Chennai, Rippon Building, Periyamet, Chennai - 600 003.

+2ccs to Mr.P.Manoj Kumar, Advocate SR. No. 35247 +1cc to Government Pleader SR. No. 35340 W.P.No.14680 of 2022 RR (CO) PR (23/06/2022)