M.Somasundara Barathi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD) No.18932 of 2024 M.Somasundara Bharathi ...

Petitioner -vs1.The District Collector, Office of the District Collectorate, 2.The District Revenue Officer, Office of the District Revenue Officer, 3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, 4.The Tahsildar, Manamadurai Taluk Office, Manamadurai, 5.The Revenue Inspector, Office of the Revenue Inspector,

6.The Village Administrative Officer, Office of the Village Administrative Office, Manamadurai Group, ...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus to direct the respondents to issue the death certificate of the petitioner's great grandfather, namely, Myandi, s/o.Sangili, who died on 14.12.1964, No.5, Siviyar Street, Manamadurai Revenue Village, Manamadurai Taluk, Sivagangai District, based upon the application made by the petitioner, undated 03.2022. For Petitioner :

Mr.R.Senthil Kumar For Respondents 1 to 6 : Mr.D.Sadiq Raja, Addl. Govt. Pleader.

ORDER

With consent of the parties, the Writ Petition is taken up for final disposal at the admission stage itself. Therefore, no counter is required.

2. This Writ Petition has been filed for issuance of a writ of mandamus to direct the respondents to issue the death certificate of the petitioner's great grandfather, namely, Myandi, s/o.Sangili, who died on 14.12.1964, No.5, Siviyar Street, Manamadurai Revenue Village, Manamadurai Taluk, Sivagangai District, based upon the application made by the petitioner, undated 03.2022.

3. The petitioner seeks a direction to the respondents to issue death certificate of his great grandfather, who is said to have died in the year 1964.

4. At the outset, this Court is of the view that this Writ Petition is not maintainable. When the death certificate is not registered anywhere, the factum of date of death has to be established in the manner known to law. Therefore, it is open for the petitioner to file appropriate suit before the court concerned for redressal of his grievance.

5. Writ Petition is dismissed accordingly. No costs. 06.08.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit

To:

1.The District Collector, Office of the District Collectorate, 2.The District Revenue Officer, Office of the District Revenue Officer, 3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, 4.The Tahsildar, Manamadurai Taluk Office, Manamadurai, 5.The Revenue Inspector, Office of the Revenue Inspector, 6.The Village Administrative Officer, Office of the Village Administrative Office, Manamadurai Group,

N.SATHISH KUMAR, J.

dixit 06.08.2024