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Madras High CourtWP/29310/2025disposed of

Rajkala v. The District Collector

2025-08-06Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. Rajkala W/o.Gangadharan, Door No.2/106, Mettu Street, Thozhudavur Village, Marudhavallipuram, Thiruvalangadu, Tiruttani Taluk, Tiruvallur District-631 210.

2. Siddarth C/o.Gangadharan, Minor Rep. By Its Mother / Natural Guardian, Rajkala, W/o.Gangadharan, Door No.2/106, Mettu Street, Thozhudavur Village, Marudhavallipuram, Thiruvalangadu, Tiruttani Taluk, Tiruvallur District-631 210.

Petitioner(s) Vs

1. The District Collector Office Of The District Collector, Tiruvallur District, Tiruvallur.

2.The Revenue Divisional Officer Kasinathapuram, Thiruttani, Tamilnadu-631 209.

3.The Tahsildar Pattabiramapuram Lake, Erular Colony, Tiruttani, Tamilnadu-

631 209.

4.The Village Administrative Officer Thozhudavur Village, Tiruttani Taluk, Tiruvallur District.

5.KUPPAMMAL W/o.Late.Dayalan, Thozhudavur Village, Tiruttani Taluk, Tiruvallur District.

6.SUNDAR S/o.Late.Dayalan, Thozhudavur Village, Tiruttani Taluk, Tiruvallur District.

Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Mandamus directing respondents 1-4 to consider the 1st petitioners representation dated 17.02.2025 by directing the respondents 2-4 to issue the death certificate and legal heirship certificate of Late.Mr.Vignesh to the petitioners within the time frame stipulated by this Court.

For Petitioner(s): Mr.Hariharan.V For Respondent(s):

Mr.T.M.Rajangam Government Advocate for R1 to R4

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the official respondents to deal with the

representation made by the petitioner on 17.02.2025 wherein the petitioner is seeking for death certificate and legal heir ship certificate of late Mr.Vignesh.

2.

Heard Mr.V.Hariharan, learned counsel for the petitioner and MR.T.M.Rajangam, learned Government Advocate for respondents 1 to 4.

3.

The 1st petitioner was married to one Vignesh in the year 2013. The 2nd petitioner was born on 19.12.2015. Unfortunately, the said Vignesh died in a train accident on 12.11.2017. Thereafter, due to persuasion made by elders, the 1st petitioner got remarried to one Gangadharan on 11.12.2019.

4.

The 1st petitioner submitted an application seeking for death certificate and legal heirship certificate of late Vignesh. Since the same was not considered, a representation was made and the same also did not evoke any response. The 3rd respondent has not acted upon the application mainly on the ground that it was objected by the respondents 5 and 6, who are none other than the mother and the brother of the deceased Vignesh. It is under these circumstances,

the present writ petition came to be filed before this Court. 5.

In the considered view of this Court, there must be no difficulty in issuing the death certificate of Vignesh after conducting an enquiry. Insofar as the legal heir,ship certificate is concerned, it can always be issued by including the name of the 2nd petitioner and the 5th respondent, who are none other than the son and the mother of the deceased. Since the 1st petitioner is already remarried, her name need not be included in the legal heir,ship certificate. 6.

The 3rd respondent is directed to complete the process and issue the death certificate and the legal heirship certificate within a period of six weeks from the date of receipt of a copy of this order. 7.

This writ petition is disposed of with the above directions. No costs.

06-08-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector Office Of The District Collector, Tiruvallur District, Tiruvallur.

2.The Revenue Divisional Officer Kasinathapuram, Thiruttani, Tamilnadu-631 209.

3.The Tahsildar Pattabiramapuram Lake, Erular Colony, Tiruttani, Tamilnadu631 209.

4.The Village Administrative Officer Thozhudavur Village, Tiruttani Taluk, Tiruvallur District.

5.KUPPAMMAL W/o.Late.Dayalan, Thozhudavur Village, Tiruttani Taluk, Tiruvallur District.

6.SUNDAR S/o.Late.Dayalan, Thozhudavur Village, Tiruttani Taluk, Tiruvallur District.

N.ANAND VENKATESH J.

rka WP No. 29310 of WMP NO. 32852 OF 06-08-2025