Rajammal, v. The Tahsildar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Rajammal ... Petitioner Vs.

The Tahsildar, Taluk Office, Manapparai, Tiruchirapalli District.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records of the respondent issued in his proceedings Mu.Mu/B6/5359/2012 dated 24.08.2012 and quash the same and consequently directing the respondent to issue Death Certificate for the death of the petitioner's husband died on 01.10.2001 respectively based on the order passed by the Hon'ble Judicial Magistrate, Manapparai in C.M.P. No. 3937 of 2010 dated 13.08.2010.

For Petitioner : Mr.T.M.Madasamy For Respondent : Mr.M.Lingadurai Special Government Pleader 1/5

ORDER

The present writ petition has been filed challenging an order passed by the respondent herein, under which the request of the petitioner for grant of Death Certificate for the death of her husband has been rejected.

2. According to the petitioner, her husband had died on 01.10.2001. However, within time, the death was not registered before the concerned authorities. Hence, the petitioner had filed Crl.M.P.No. 3937 of 2010 before the Judicial Magistrate, Manapparai. The learned Judicial Magistrate was pleased to allow the said application on 13.08.2010 directing the Tahsildar, Manapparai to issue Death Certificate to the petitioner for the death of her husband. Pursuant to the said order of the learned Judicial Magistrate, the petitioner had approached the respondent herein. However, the respondent has rejected the said request under the impugned order on the ground that there is a delay in producing the order of the learned Judicial Magistrate.

3. As per Section 13 of the Registration of Births and Deaths Act 2/5

1969, any birth or death could be registered beyond the prescribed period on payment of the late fee, if the delay has exceeded 30 days. But, if it is within one year, it shall be registered only with the written permission of the prescribed authority and on payment of the prescribed fee along with the production of an affidavit made before a notary public. In any other case, where a birth or death has not been registered within one year of its occurence, it shall be registered only on an order made by a Magistrate of the first class or a Presidency Magistrate after verifying the correctness of the birth or death on payment of the prescribed fee. This case falls under Section 13 (3). Hence, once an order has been passed by the learned Judicial Magistrate, the delay that had happened after passing of the order cannot be a bar for registering the birth or death. Only condition is that, the petitioner has to make payment of prescribed fee.

4. In view of the above said provision, the order impugned in the writ petition is set aside. The respondent is directed to register the death of the petitioner's husband as per the order, dated 13.08.2010 on payment of prescribed fee.

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5. With the above said observations, this Writ Petition stands allowed. No costs.

07.09.2022 Index :

Yes / No Internet :

Yes / No gbg To The Tahsildar, Taluk Office, Manapparai, Tiruchirapalli District.

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R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

07.09.2022 5/5