Madras High CourtWP(MD)/15018/2023disposed of

Vigneshwaran .R v. The Commissioner

2023-07-07Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI R.Vigneshwaran ... Petitioner Vs 1.The Commissioner, Dindigul Corporation, Dindigul -1.

2.The Registrar of Births and Deaths, Dindigul City Municipality Corporation, ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of certiorarified mandamus calling for the records relating to the 1st respondent herein in his proceedings in Na.Ka.No.3845/2023/H3 dated 07.06.2023 and quash the same and further direct the 1st respondent herein to issue death certificate of the petitioner's father namely D.S.Ramesh, S/o.TV.Suburaman, who died on 23.04.2023 at No.1, Pandian Nagar, 1st Street, Dindigul to the petitioner. 1/5

For petitioner : Mr.K.Periasamy For Respondent : Mr.M.Thirunavukarasu, No.1 For Respondent :No representation No.2

ORDER

This writ petition has been filed challenging the order, wherein the request of the petitioner for issuance of death certificate to the petitioner's father has been rejected.

2.The petitioner's father one Ramesh died due to illness on 23.04.2023. The petitioner has applied for the death certificate with the respondent Municipality. However, the request of the petitioner has been rejected stating that the petitioner's father died in Chennai and not at Dindigul and therefore, the petitioner has to obtain the certificate only at Chennai.

3.The learned Counsel by referring the certificate issued by the Dindigul Municipality in Form No.4 A at the 2/5

time of funeral of the petitioner's father states that the petitioner's father died only at Dindigul, however, the respondent Municipality has taken a stand that the petitioner's father died in Chennai and was buried at 4.The learned Counsel for the 1st respondent by referring the provisions of Sections 7 and 8 of the Registration of Births and Deaths Act contends that the respondent Corporation can issue death certificate only to those persons, who have died within their jurisdiction and the petitioner's father died at Chennai and he by obtaining a certificate that the death is at Dindigul, is seeking the death certificate at Dindigul. Therefore, the respondent Corporation has rejected the petitioner's request. 5.Since the death of the petitioner's father at Dindigul is certified by a Medical Officer, this Court directs the respondents to issue death certificate of the petitioner's father within a period of eight weeks from the date of receipt of a copy of this order.

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6.This writ petition is disposed of in the above terms. No costs.

07.07.2023 DSK To 1.The Commissioner, Dindigul Corporation, Dindigul -1.

2.The Registrar of Births and Deaths, Dindigul City Municipality Corporation, 4/5

B.PUGALENDHI, J.

dsk 06.07.2023 5/5