Kumaravel.V v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2021
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD).No.21882 of 2021 V.Kumaravel ... Petitioner Vs.
The Revenue Divisional Officer, Revenue Divisional Office, Tirunelveli District-01.
... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the respondent to issue certified copies of the public documents sought by the petitioner in his representation / application dated 15.08.2021 made under Section 74 and 76 of Indian Evidence Act, 1872 within a stipulated time fixed by this Court. W.P.(MD).No.21883 of 2021 V.Kumaravel ... Petitioner Vs.
The Managing Director, Tirunelveli District Consumer Society Wholesale Stores Ltd, 25C S.N Highway Road, Tirunelveli District-01.
... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the respondent to issue certified copies of the public documents sought by the petitioner in his representation / application dated 15.08.2021 made under Section 76 of Indian Evidence Act, 1872 within a stipulated time fixed by this Court. W.P.(MD).No.21885 of 2021 V.Kumaravel ... Petitioner Vs.
The Director, Directorate of Indian Medicine and Heomeopathy, Chennai-600 106.
... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the respondent to issue certified copies of the public documents sought by the petitioner in his representation / 1/3
application dated 15.08.2021 made under Section 74 and 76 of Indian Evidence Act, 1872 within a stipulated time fixed by this Court. For Petitioner : Mr.A.Geroge Stephen Kanikkairaj For Respondents : Mr.D.Ghandiraj, Special Government Pleader.
(In all cases) COMMON ORDER A common order is passed in all the three Writ Petitions. The Writ Petitions have been filed in the nature of Mandamus seeking copies of a particular widow certificate issued in the name of one Peratchi Selvi.
2. Mr.D.Ghandiraj, learned Special Government Pleader, takes notice for the respondents in all the Writ Petitions.
3. The petitioner is an advocate. It is not known why he is interested in knowing about the personal details of Peratchi Selvi and about any widow certificate given in the name of Peratchi Selvi. In the first place, the said widow certificate is not a public document. It is a document issued recognizing the status of a lady who had suffered to that status owing to unfortunate death. If she is a widow, she is a widow. There cannot be any two views about that fact. She claims that she is a widow and a widow certificate had been issued by the respondents.
4. The document sought by the petitioner is not a public document as envisaged under Section 74 of the Indian Evidence Act. It cannot be granted to him. It is a document relating to the personal status of a lady.
5. I find no reason to grant Mandamus as directed, since it appears to be more an effort to make a roving enquiry with ulterior motives. The petitioner has no direct interest in knowing whether the said lady is a widow or not. Even if he has an interest, the said interest cannot be claimed to be of public nature and the Writ Court cannot grant a Mandamus as sought for.
6. Accordingly, the Writ Petitions are dismissed. There shall be no order as to costs.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3
Lm/Nsr Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Revenue Divisional Officer, Revenue Divisional Office, Tirunelveli District-01.
2.The Managing Director, Tirunelveli District Consumer Society Wholesale Stores Ltd, 25C S.N Highway Road, Tirunelveli District-01. 3.The Director, Directorate of Indian Medicine and Heomeopathy, Chennai-600 106.
+1 CC to M/s.SPL GP ( SR-38835[F] dated 15/12/2021 ) +1 CC to M/s.A.GEORGE STEPHEN, Advocate ( SR-39106[F] dated 16/12/2021 ) 14.12.2021 KM(CO) KB(29.12.2021) 3P 6C 3/3