Madras High CourtWP(MD)/13016/2022disposed of

Ibrahim Badhusha v. The Sub Collector

2022-06-23Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.13016 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.13016 of 2022 Ibrahim Badhusha ... Petitioner Vs.

1.The Sub Collector, Sub Collector Office, Sivakasi Division, Virudhunagar District.

2.The Commissioner of Municipality, O/o the Commissioner of Municipality, Sivakasi.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents for issuance of the death certificate of the petitioner's wife namely Syed Ali Fathima by considering the petitioner's representation dated 18.04.2022.

For Petitioner : Mr.S.M.A.Jinnah For R1 : Mr.N.Ramesh Arumugam Government Advocate For R2 : Mr.A.Devasenan

O R D E R

Heard the learned counsel on either side.

2. The petitioner's wife Syed Ali Fathima committed suicide on 10.03.2019. The petitioner seeks issuance of the death certificate. Since the petitioner's request was not processed, the present writ petition came to be filed.

3. When the matter was taken up for hearing, the learned standing counsel for R2 draws my attention to Rule 9(3) of Tamil Nadu Registration of Births and Deaths Rules, 2000. It reads as follows:- 9.Authority for delayed registration and fee payable thereof under Section 13:

3. Any birth or death which has not been registered within one year of its occurrence shall be registered by an order of the Executive Magistrate not below the rank of a https://www.mhc.tn.gov.in/judis 1/2

W.P.(MD)No.13016 of 2022 Revenue Divisional Officer and on payment of late fee of rupees five hundred.

4. It is for the petitioner to follow the statutory procedure. As and when such application is made, the first respondent shall dispose of as expeditiously as possible. If the petitioner succeeds in getting an order from the jurisdictional authority, it goes without saying that the second respondent will necessarily comply with the same.

5. The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar (CS-I) // True Copy // /07/2022 Sub Assistant Registrar(CS) rmi To 1.The Sub Collector, Sub Collector Office, Sivakasi Division, Virudhunagar District.

2.The Commissioner of Municipality, O/o the Commissioner of Municipality, Sivakasi.

+1 CC to M/s.SPL.GP ( SR-27988[F] dated 24/06/2022 ) W.P.(MD)No.13016 of 2022 23.06.2022 RK/05.07.2022 : 2P/4C https://www.mhc.tn.gov.in/judis 2/2