Silumbayee M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)No.15300 of 2025 M.Silumbayee ... Petitioner Vs.

1. The District Collector, Dindigul District, Dindigul.

2. The District Revenue Officer, Dindigul District, Dindigul.

3. The District Registrar, Palani, Dindigul District.

4. The Executive Officer, Palayam Town Panchayat, Palayam, Guziliyamparai Taluk, Dindigul District.

5. M.Subramani

6. M.Dhanraj ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned death certificate D-2019: 33-3326-000070, dated 26.06.2019 and to quash the same as illegal and consequentially, to direct the respondents 1 to 3 to take appropriate action against the 4th respondent. 1/5

For Petitioner : Mr.N.Balaji For R1 to R3 : Mr.M.Lingadurai Special Government Pleader For R4 : Mr.D.Sadiq Raja *****

ORDER

The present Writ Petition has been filed for the issuance of to issue a Writ of Certiorarified Mandamus, to quash the impugned death certificate D-2019: 33-3326-000070, dated 26.06.2019 and to quash the same as illegal and consequentially, to direct the respondents 1 to 3 to take appropriate action against the 4th respondent.

2.The contention of the petitioner is the 5th respondent has obtained the death certificate by correcting the wife's name of the deceased person for which the petitioner is relying on the order passed by the Executive Officer, dated 05.09.2022. The said order is extracted hereunder: 2/5

When the authorities themselves have come to the conclusion that the 5th respondent has made the corrections, the petitioner is entitled to the relief claimed. However, before issuing another death certificate, it is incumbent on the official respondents to conduct an enquiry.

3.Therefore, the impugned order is quashed. The 4th respondent is directed to conduct an enquiry after issuing notice to the petitioner and respondents 5 and 6 and thereafter, pass appropriate orders. The said exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order. The petitioner and the private respondents are entitled to produce all the records before the authorities.

4.With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

22.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg 3/5

To:

1. The District Collector, Dindigul District, Dindigul.

2. The District Revenue Officer, Dindigul District, Dindigul.

3. The District Registrar, Palani, Dindigul District.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 22.07.2025 5/5