Madras High CourtWP(MD)/10491/2016disposed of

R.Radhabai v. The Commissioner

2016-06-15Honourable Mr Justice M. Venugopal2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:15.06.2016

CORAM:

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P.(MD)No.10491 of 2016 R.Radhabai

...Petitioner

Vs.

The Commissioner, Srivilliputhur Municipality, Srivilliputhur 626 125, Virudhunagar District.

...Respondent

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to cancel the death certificate with Registration No.19/1999/04 dated 23.03.1999 issued by the Commissioner, Srivilliputhur Municipality as if the petitioner was died on 18.03.1999.

For Petitioner : Mr.M.Ashok Kumar For Respondent : Mr.K.Guru Additional Govt. Pleader

O R D E R

Heard both sides.

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

3. The grievance of the petitioner is that the Respondent/ Commissioner, Srivilliputhur Municipality had issued the death certificate mentioning the date of death of the petitioner as 18.03.1999 and that too when the petitioner is very much alive and in existence. Therefore, the petitioner has filed the present Writ Petition praying for passing of an order by this Court in directing the Respondent/Commissioner, Srivilliputhur Municipality, to cancel the death certificate bearing Registration No.19/1999/04, dated 23.03.1999.

4. In view of the fact that the petitioner is very much alive and is in existence, to prevent an aberration of justice and to promote substantial cause of justice, this Court, directs the Respondent/ Commissioner, Srivilliputhur Municipality, to immediately cancel the death certificate bearing Registration No.19/1999/04, dated 23.03.1999 and to do the needful in the subject matter in issue, within a period of two weeks from the date of receipt of a copy of this order.

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5. With the aforesaid observation and direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar(CS) To The Commissioner, Srivilliputhur Municipality, Srivilliputhur 626 125, Virudhunagar District.

+1cc to Mr.M.Ashok Kumar, Advocate in SR.30630 +1cc to the Special Government Pleader in SR.30592 W.P.(MD)No.10491 of 2016 15.06.2016 akv PBK/SK-SKN/SAR-I 22.06.2016 ::2p-4c:

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