C. Ragavendran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.03.2025

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN C.Ragavendran ... Petitioner Vs.

1.The District Collector, Thanjavur.

2.The Tahsildar, Thanjavur.

3.The Registrar of Birth and Death, Neelagiri Village Panchayat, Thanjavur.

4.The Village Administrative Officer, Neelagiri Village Panchayat, Thanjavur.

5.Ayyappan 6.Abirami ... Respondents (R-5 & R-6 are impleaded vide Court order, dated 07.03.2025 in W.M.P(MD)No.4675 of 2025 in W.P(MD)No.5827 of 2025) 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent herein to forthwith delete the name of CT.Nagammai as the wife in the death certificate of Late Mr.L.Chidambaram and include the name of Late Mrs.CT.Lakshmi as the wife of L.Chidambaram by considering the representation of the petitioner, dated 03.01.2025 and pass such further or other orders as this Court.

For Petitioner : Mr.C.Mahadevan For R-1 to R-4 : Mr.G.Suryananth Additional Government Pleader

ORDER

The petitioner has come forward with this writ petition seeking for a Mandamus to forthwith delete the name of CT.Nagammai in the death certificate issued to one Chidambaram and to include the name of CT.Lakshmi as the wife of said Chidambaram.

2. The case of the petitioner is that he is the son born to L.Chidambaram and Lakshmi Achi. The couple married each other on 08.11.1967. The petitioner was born on 09.06.1972. The petitioner pleads that his mother CT.Lakshmi Achi passed away on 03.05.2008. A legal heirship certificate was 2/6

issued stating that the legal heirs of Lakshmi are the petitioner and Mr.L.Chidambaram.

3. L.Chidambaram passed away on 30.11.2024 at Thanjavur. This death was registered on 09.12.2024. In the said certificate, it was shown that one CT.Nagammai, as the wife of L.Chidambaram. The petitioner alleges that Chidambaram married only once, and his legally wedded spouse was the petitioner's mother Lakshmi Achi. Therefore, the act of the third respondent in mentioning the name of CT.Nagammai as the wife of, Chidambaram is erroneous. He further states that CT.Nagammai has also passed away on 20.06.2021 and therefore, he is entitled to the relief sought for in the writ petition.

4. When the writ petition came up for hearing, I have heard Mr.C.Mahadevan. Noticing that the legal heirs of CT.Nagammai had not been impleaded, I directed the petitioner to move an appropriate application. Accordingly, W.M.P(MD)No.4675 of 2025 was presented. It was ordered on 07.03.2025. Notice was ordered to the respondents 5 and 6. They have been served and the matter was taken up for hearing today. 3/6

5. I have heard Mr.C.Mahadevan for the writ petitioner and Mr.G.Suryananth for the respondents 1 to 4.

6. The undisputed facts are L.Chidambaram married one CT.Lakshmi Achi. It is not in dispute that Lakshmi Achi passed away on 03.05.2008. Whether Chidambaram subsequently contracted a marriage with CT.Nagammai and on account of such marriage, her name was recorded by the third respondent as the wife of Chidambaram are all matters, that require evidence. There is no bar for a male to marry a female after the death of his previous spouse. There is nothing on record to show that no marriage took place between CT.Nagammai and L.Chidambaram. The case bristles with disputed questions of fact, which cannot be adjudicated in a writ petition.

7. Leaving it open to the petitioner to file a suit for declaration that he alone is the legal heir of the deceased L.Chidambaram, this writ petition stands dismissed. There shall be no order as to costs. 28.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR 4/6

To 1.The District Collector, Thanjavur.

2.The Tahsildar, Thanjavur.

3.The Registrar of Birth and Death, Neelagiri Village Panchayat, Thanjavur.

4.The Village Administrative Officer, Neelagiri Village Panchayat, Thanjavur.

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V.LAKSHMINARAYANAN, J.

BTR 28.03.2025 6/6