Nallasivam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2022 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR 1.Nallasivam 2.Ramasamy 3.R.Selvi

...Petitioners

Vs 1.The District Collector, First Floor, Collector Office, Erode - 638011.

2.Revenue Divisional Office, CSI Institute Campus, Choidambaram Colony, Erode - 638001.

3.Sub-Registrar, Kodumudi, Erode - 638151.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 2nd respondent to register the death of petitioners' mother Kaliyammal, w/o Ramasamy, as she died on 05.01.1985.

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For Petitioners : Mr.M.Manigopi For R1 & R2 : Mr.T.K.Saravanan, Government Advocate For R3 : Mr.K.Tippu Sulthan, Government Advocate

ORDER

The prayer sought for herein is for a Writ of Mandamus, directing the second respondent to register the death of petitioners' mother Kaliyammal, W/o.Ramasamy.

2. The petitioners' mother one Kaliyammal died on 05.01.1985. However, her death has not been registered in the records concerned by the second respondent, as no step seems to have been taken by the petitioner.

3. Only on 24.11.2020, the first petitioner had given a request to the second respondent to register the death of the petitioners' mother in the concerned register and to give a certificate to that effect. The said request made by the first petitioner on behalf of the petitioners, since has not been considered and kept pending, the petitioners have approached this Court by filing this writ petition.

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4. The learned Government Advocate for the respondents 1 and 2 would submit that, the 1st petitioner has made the application very belatedly, admittedly on 24.11.2020. However, the said application would be considered and disposed by the second respondent on merits and in accordance with law, within a time frame to be stipulated by this Court.

5. Considering the limited scope of the prayer sought for in this writ petition and having regard to the submission made by the learned Government Advocate, this Court is inclined to dispose of this writ petition with the following orders:

(i) There shall be a direction to the second respondent to consider the application given by the first petitioner dated 24.11.2020 and pass orders on merits and in accordance with law, within a period of 6 weeks from the date of receipt of a copy of this order.

6. With this direction, the writ petition is disposed of. No costs. 24.11.2022 Index:Yes/No Speaking Order/Non-speaking order hvk 3/4

R.SURESH KUMAR,J.

hvk To 1.The District Collector, First Floor, Collector Office, Erode - 638011.

2.The Revenue Divisional Office, CSI Institute Campus, Choidambaram Colony, Erode - 638001.

3.The Sub-Registrar, Kodumudi, Erode - 638151.

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