Rengaiah v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.15370 of 2024 Rengaiah ... Petitioner vs.

1. The District Registrar, Pudukkottai Registration District, Pudukkottai.

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

3. The Sub Registrar, Joint - I Pudukkottai Sub Registrar Office, Pudukkottai.

4. The Tahsildar, Alangudi Taluk, Pudukkottai District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order dated 21.05.2024 in O.Mu.A6/2572/2024 passed by the 2nd respondent and quash the same as illegal and consequently direct the 2nd respondent to register the death of the K.Chinnadurai son Karuppaiah died on 17.03.2005 and to issue death certificate.

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For Petitioner : Mr.Charles Kamalesh M.Appaji For Respondents : M/s.S.Saji Bino Special Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to quash the impugned order dated 21.05.2024 and consequently direct the 2nd respondent to register the death of the K.Chinnadurai son Karuppaiah died on 17.03.2005 and to issue death certificate.

2. The contention of the petitioner is that one Chinnadurai, who was his brother's son, predeceased his parents on 17.03.2005. Chinnadurai's father, Karuppaiah, died on 14.12.2023, and his mother, Sarasu @ Saroja, died on 19.09.2019. Therefore, as of now, there are no legal heirs surviving for the said Chinnadurai.

3. The learned Special Government Pleader appearing for the respondents submitted that the petitioner is now claiming legal heirship of the said Chinnadurai. The petitioner must establish the relationship between himself and the deceased, and only thereafter the claim can be considered. He further submitted that the petitioner cannot claim rights over the movable and immovable properties solely based on the death certificates, as he is a second-class legal heir. 2/4

4. In view of the aforesaid submission, the petitioner is directed to produce documents to prove his identity and his relationship with the deceased Chinnadurai. Based on the documents, the respondents shall consider the claim and pass appropriate orders. However, it is made clear that the petitioner may assert his rights over the movable and immovable properties by approaching the competent Civil Court.

5. WIth these observations, this Writ petition is disposed of. No Costs.

18.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA To:

1. The District Registrar, Pudukkottai Registration District, Pudukkottai.

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

3. The Sub Registrar, Joint - I Pudukkottai Sub Registrar Office, Pudukkottai.

4. The Tahsildar, Alangudi Taluk, Pudukkottai District.

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S.SRIMATHY , J.

KSA ORDER MADE IN W.P(MD)No.15370 of 2024 DATED :18.06.2025 4/4