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Madras High CourtWP(MD)/13581/2025disposed of

M.Archunan v. The Commissioner

2025-06-02Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2025

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY M.Archunan ... Petitioner Vs.

1.The Commissioner, Madurai Corporation, Madurai.

2. The Revenue Divisional Officer, Madurai, Madurai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to issue the Non Availability Certificate to the petitioner by considering the representation dated 15.04.2025 and consequently direct the 2nd Respondent to provide the petitioner with the death certificate for the petitioner's father namely Mayandi @ Masilamani Thevar.

For Petitioner : Mr.G.Aravinthan For R1 : Mr.S.Vidhyasagar For R2 : Mr.Mr.K.S.Selvaganesan Additional Government Pleader 1/4

ORDER

The present writ petition is filed seeking Writ of Mandamus, directing the first respondent to issue the Non Availability Certificate to the petitioner by considering the representation dated 15.04.2025 and consequently direct the 2nd Respondent to provide the petitioner with the death certificate for the petitioner's father namely Mayandi @ Masilamani Thevar.

2. The contention of the first respondent is that already a non availability certificate was issued in favour of the petitioner on 11.02.2015 itself and the validity of the certificate is only for a period of three years. The petitioner has not taken appropriate action within the period. Further, the learned counsel for the first respondent submitted that the petitioner's representation will be considered in accordance with law and orders will be passed on merits.

3. Considering the said submission, the first respondent is directed to consider the petitioner's representation dated 15.04.2025 and the petitioner is directed to submit all the documents within a period of four weeks from the date of receipt of a copy of this order, based on which the first respondent shall conduct a personal hearing and pass orders in accordance with law within a period of eight weeks thereafter.

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4. With the above direction, this Writ Petition is disposed of. No costs. 02.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No pnn To 1.The Commissioner, Madurai Corporation, Madurai.

2. The Revenue Divisional Officer, Madurai, Madurai District.

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S.SRIMATHY, J.

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