Chinnammal v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Chinnammal ... Petitioner Vs 1.The Revenue Divisional Officer, Madurai North Sub Division, Collectorate Campus, Madurai District.

2.The Tahsildar, Vadipatti Taluk Office, Vadipatti, Madurai District.

3.The Village Administrative Officer, Errampatti Village, Vadipatti Taluk, Madurai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents on the basis of the petitioner's representation, dated 11.01.2022 sent to 1 to 3 respondents within a time stipulated by this Court to issue Death Certificate that the petitioner's demised mother namely Mrs.Angammal, W/o Subramaniyanservai.

For Petitioner : Mr.R.Sundar For Respondents : Mr.D.Sasikumar Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to consider the petitioner's application, dated 11.01.2022, seeking for issuance of Death Certificate for the petitioner's mother namely Mrs.Angammal, W/o Subramaniyanservai, who died on 05.04.1969 at Errampatti Village, in the petitioner's house, within a time frame to be fixed by this Court.

2.According to the petitioner, his mother Mrs.Angammal, W/o Subramaniyanservai died on 05.04.1969, at Errampatti Village, in the petitioner's house. It is the case of the petitioner that earlier the Death Certificate for the petitioner's mother was not obtained. The petitioner has given the representations, on 05.01.2022 and 11.01.2022 to the respondents, requesting for issuance of Death Certificate for his late mother. Since the Death Certificate has not 1/3

been issued till date, he has approached this Court by filing this writ petition.

3.Heard Mr.R.Sundar, learned counsel appearing for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents. 4.On instructions, the learned Additional Government Pleader would submit that the petitioner's application for issuance of Death Certificate will have to be considered by the first respondent, in view of the long delay in applying for the same by the petitioner. The said statement is recorded.

5.No prejudice will be caused to the first respondent, if the petitioner's application, dated 11.01.2022, requesting for issuance of Death Certificate for his mother namely Mrs.Angammal, W/o Subramaniyanservai, who died on 05.04.1969, at Errampatti Village, in the petitioner's house is considered and final orders passed on merits and in accordance with law, after affording a fair hearing to the petitioner and any other necessary party the first respondent deems fit to enquire, within a time frame to be fixed by this Court. 6.Accordingly, this Court directs the first respondent to consider the petitioner's application, dated 11.01.2022, seeking for issuance of Death Certificate for his late mother namely Mrs.Angammal, W/o Subramanianservai, who died on 05.04.1969 at Errampatti Village, in the petitioner's house, and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and any other necessary party the first respondent deems fit to enquire, within a period of twelve weeks from the date of receipt of a copy of this order.

7.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (A.E.) // True Copy // / /2022 Sub Assistant Registrar(CS) Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

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To 1.The Revenue Divisional Officer, Madurai North Sub Division, Collectorate Campus, Madurai District.

2.The Tahsildar, Vadipatti Taluk Office, Vadipatti, Madurai District.

3.The Village Administrative Officer, Errampatti Village, Vadipatti Taluk, Madurai District.

+1 cc to Mr.R.SUNDAR, Advocate, SR.No.9946 +1CC to Special Government Pleader SR.No.9741 02.03.2022 SA(18.03.2022) 3P 6C 3/3