Murugesan M v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY M.Murugesan ... Petitioner Vs
1. The District Collector Sivagangai District Sivagangai.
2. The Revenue Divisional Officer, Devakottai, Sivagangai District.
3. The Head Quarters Deputy TahSildar, Singampunari Taluk, Sivangangai District.
4. The Village Administrative officer, South Singampunari, Sivagangai District.
5. Pandiselvam
6. Pandiselvi
7. Ketharin Mary Alias Eswari ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents 1 and 4 to cancel the death certificate issued in the name of Andi dated 05.06.2023 in Na.Ka.A3/3107/2023 issued by the 3rd respondent and consequently direct to take 1/5
the action against the 3rd respondent who issued the death certificate on the basis of the petitioners representation dated 19.04.2025. For Petitioner : Mr.N.Balasubramanium For R1 to R4 : Mr.M.Lingadurai Special Government Pleader
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Mandamus to direct the respondents 1 and 4 to cancel the death certificate issued in the name of Andi dated 05.06.2023 in Na.Ka.A3/3107/2023 issued by the 3rd respondent and consequently direct to take the action against the 3rd respondent who issued the death certificate on the basis of the petitioners representation dated 19.04.2025.
2.Heard Mr.N.Balasubramanian, the Learned Counsel for the petitioner, Mr.M.Lingadurai, the Learned Special Government Pleader for the Respondents 1 to 4 and perused the material documents available on record. 3.The contention of the petitioner is that the petitioner is a Clause-II legal heir of one Andichamy. The petitioner has already obtained death certificate, which is issued by the fourth respondent on 13.02.2014, wherein the death certificate was registered on 17.02.2014 indicating that he died on 04.02.2014. When the fourth respondent has issued second death certificate, the name is 2/5
illegal. Hence, the second death certificate issued by the third respondent is liable to be cancelled.
4.Even though the petitioner has not sought for any prayer to quash the second death certificate, this Court is inclined to cancel the second death certificate dated 05.06.2023, since the name is illegal. 5.Accordingly, this writ petition stands allowed. The second death certificate issued by the third respondent in Na.Ka.A3/3107/2023, dated 05.06.2023, is hereby cancelled. If the veracity of the death certificate issued by the fourth respondent, dated 13.02.2014 is in doubt, the second respondent is directed to conduct an enquiry after issuing notice to the petitioner as well as the respondents 5 to 7, and after making personal hearing and thereafter, pass appropriate order in accordance with law. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
24.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes Vsg 3/5
To
1. The District Collector Sivagangai District Sivagangai.
2. The Revenue Divisional Officer, Devakottai, Sivagangai District.
3. The Head Quarters Deputy TahSildar, Singampunari Taluk, Sivangangai District.
4. The Village Administrative officer, South Singampunari, Sivagangai District.
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S.SRIMATHY , J.
Vsg ORDER MADE IN DATED : 24.06.2025 5/5