M.Zahinda Begum v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.32871 of 2024 M. Zahida Begum

...Petitioner

Vs.

1. The Collector, Vellore District.

2. The Revenue Divisional Officer, Revenue Divisional Office, Vaniyambadi - 635 819.

3. The Revenue Divisional Officer, Revenue Divisional Office, Ambur.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 2 & 3 to issue a duplicate certificate of the death certificate of petitioner's late husband C.Mohammed Amanullah.

For Petitioner : Mr.V.V.Sairam 1/5

For Respondents : Mr.V.Ramesh Government Advocate

O R D E R

The petitioner herein seeks a direction to the respondents 2 & 3 to issue a duplicate death certificate of petitioner's late husband C.Mohammed Amanullah.

2. By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself.

3. It is the case of the petitioner that her husband died on 01.01.1981 and the death certificate issued to the petitioner was handed over to the insurance company for the purpose of getting the insurance claim. Therefore, the petitioner submitted a representation before the second respondent on 27.06.2024 seeking issuance of duplicate death certificate and the same has not been considered till date. Therefore, the petitioner is before this Court.

4. Mr.V.Ramesh, learned Government Advocate, who takes notice for the 2/5

respondents would submit that there is no provision in the Registration of Births and Deaths Act to issue duplicate certificate and therefore, the request of the petitioner cannot be considered and he further submits that the certified copy of the death certificate can be issued.

5. The above statement made by the learned Government Advocate is recorded.

6. In view of the above submission made by the learned Government Advocate, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the third respondent to consider the representation of the petitioner dated 24.06.2024 and to issue certified copy of the death certificate, within a period of four weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. No costs.

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Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av S. SOUNTHAR, J.

av To

1. The Collector, Vellore District.

2. The Revenue Divisional Officer, Revenue Divisional Office, Vaniyambadi - 635 819.

3. The Revenue Divisional Officer, Revenue Divisional Office, Ambur.

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