Balachandran.R v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P (MD).No.16385 of 202 R.Balachandran ... Petitioner Vs The Revenue Divisional Officer, Office of Revenue Divisional Officer, Dindigul, Dindigul District.

...Respondent

Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order in ,.g.t.vz;.438/2018/M5 dated 22.04.2021 passed by the respondent as illegal and quash the same and consequently direct the respondent to issue death certificate of petitioner's grandfather by considering the petitioner's representation dated 22.04.2021. For Petitioner : Mr.J.Senthil Kumaraiah For Respondent : Mr.D.Gandhi Raj Special Government Pleader 1/4

O R D E R

This writ petition has been filed challenging the order passed by the respondent dated 22.04.2021 thereby rejected the request made by the petitioner seeking registration of death of his grandfather.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. The petitioner is the grand son of one Ramasamy Gounder who died on 16.04.1992, however, his death was not registered with the respondent. Therefore, the petitioner made a request before the respondent herein to register his grandfather's demise. However, on the enquiry, the petitioner failed to give any statement and two other sons of the petitioner's deceased grandfather made statement as if their father died on 16.04.1992.

4. The learned counsel for the petitioner would submit that the petitioner is ready and willing to file the consent affidavit before the respondent and also to produce the supportive document for demise of his grandfather. 2/4

5. In view of the above, the impugned order passed by the respondent dated 22.04.2021 is set aside and the matter is remanded back to the respondent for fresh consideration.

6. The respondent is directed to issue notice to the petitioner and after giving an opportunity of hearing to the petitioner and conducted an enquiry and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

7. With the above observation, the writ petition is allowed. No costs. Internet : Yes Index : Yes/No 24.01.2025 Speaking/Non Speaking order am To The Revenue Divisional Officer, Office of Revenue Divisional Officer, Dindigul, Dindigul District.

3/4

G.K.ILANTHIRAIYAN, J.

am 24.01.2025 4/4