Madras High CourtWP(MD)/15793/2020disposed of

M.Balakrishnan v. The Revenue Divisional Officer

2020-11-10Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD).No.15793 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2020

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P.(MD).No.15793 of 2020 M.Balakrishnan ... Petitioner Vs.

1.The Revenue Divisional Officer, Sivagangai District, Sivagangai.

2.The Tahsildar, Sivagangai District, Sivagangai.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to consider and pass orders based on the representations of the petitioner dated 16.09.2020 to the 1st respondent in respect of issuance of death certificates to the petitioner's fore mother and Grandmother namely Sri Rengayi and Vanjalai respectively, within the time frame fixed by this Court.

For Petitioner :

Mr.S.Mohamed Kadhar For Respondents :

Mr.C.Ramesh Special Government Pleader

ORDER

(This writ petition is heard through video conference) This writ petition has been filed for a Mandamus seeking for a direction to the first respondent to consider and pass orders based on the petitioner's representation dated 16.09.2020 requesting the first respondent to issue death certificate for the petitioner's great grandmother Sri Rengayi and grandmother by name Vanjalai within a time frame to be fixed by this Court. 2.Heard Mr.S.Mohamed Kadhar, learned counsel for the petitioner and Mr.C.Ramesh, learned Special Government Pleader, who accepts notice on behalf of the respondents.

3.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 4.It is the case of the petitioner that his great grandmother Sri Rengayi, died on 10.10.1950 and his grandmother mother Vanjalai died on 12.10.1994. It is his case that he applied for death https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.15793 of 2020 certificate for the aforementioned two persons on 16.09.2020. According to him, till date, the first respondent has not issued the death certificate for the respective deceased persons. In such circumstances, this writ petition has been filed. 5.The relief sought for in this writ petition is an innocuous relief. No prejudice will be caused to the respondents, if the representation of the petitioner dated 16.09.2020 seeking for issuance of death certificate for Sri Rengayi and Vanjalai are considered by them on merits and in accordance with law. 6.For the foregoing reasons, this Court directs the first respondent to consider the petitioner's representation dated 16.09.2020, seeking for issuance of death certificate of Sri Rengayi and Vanjalai, who the petitioner claims are his great grandmother and grandmother respectively and pass final orders on merits and in accordance with law, after hearing all the necessary parties including the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order.

7.With the aforesaid direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) TM Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Revenue Divisional Officer,Sivagangai District, Sivagangai. 2.The Tahsildar,Sivagangai District, Sivagangai. +1 CC to M/s.S.M.KADHAR, Advocate ( SR-21685[F] dated 10/11/2020 ) +1 CC to M/s.GP ( SR-21915[F] dated 11/11/2020 ) W.P.(MD).No.15793 of 2020 10.11.2020 CK(CO) AP(26/11/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2