Madras High CourtWP(MD)/17057/2015disposed of

D.Pitchai Mani, v. The Tahsildar,

2015-09-21Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :21.09.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.17057 of 2015 D.Pitchai Mani ...Petitioner Vs.

The Tahsildar, Andipatti Taluk, Theni District. ...Respondent This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondent to issue death certificate to the petitioner for the death of his father namely Sinnamanayudu @ Duraisamy on 22.05.2015 thereby considering the petitioner's application, dated 15.06.2015. For petitioner : Mr.V.Sankaranarayanan For Respondent : Mr.S.Kumar Additional Government Pleader takes notice.

ORDER

The Writ Petition has been filed praying for a Writ of Mandamus directing the respondent to issue death certificate to the petitioner for the death of his father namely Sinnamanayudu @ Duraisamy on 22.05.2015 by considering the petitioner's application, dated 15.06.2015.

2. Mr.S.Kumar, learned Additional Government Pleader takes notice for the respondent.

3. By consent, the Writ Petition itself is taken up for final disposal.

4. It is averred in the petition that the father of the petitioner by name Sinnamanayudu @ Duraisamy died on 22.05.2015 in his native village leaving behind his wife namely Jothiammal and his sons namely Pitchai Mani(the petitioner) and Velumurugan as his legal heirs. Before his death, he executed a settlement deed in favour of the petitioner on 16.07.2014 with regard to the property in Survey No.262 situated at Kovilpatti Village, Andipatti Taluk, Theni District. In order to get separate patta in favour of the petitioner in respect of the above said property, production of the death certificate of the father of the petitioner is necessary. Hence, the petitioner applied for the same before the respondent on 22.05.2015. Since the same was not considered so far, the petitioner has come forward with the present Writ Petition for the above stated relief.

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5. Considering the submissions made by the learned counsel for the petitioner, without going into the merits of the averment made in the

petition, the respondent is directed to consider the application of the petitioner, dated 22.05.2015 and pass appropriate order with regard to issuance of death certificate of the father of the petitioner, within a period of four weeks from the date of receipt of a copy of this order. With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar.

To The Tahsildar, Andipatti Taluk, Theni District.

+1CC to Mr.V.Sankaranarayanan, Advocate, SR.No. 55513 +1CC to The Special Government Pleader SR.No. 55789. W.P(MD).No.17057 of 2015 21.09.2015 AM/25.09.2015/GSV.PM/SAR-I/1P/4C https://hcservices.ecourts.gov.in/hcservices/