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Madras High CourtWP(MD)/18460/2015dismissed

A. Paramasivam v. The Sub Registrar

2023-07-19Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN A.Paramasivam ... Petitioner Vs.

The Sub Registrar, Ponnamaravathy Sub Registrar Office, Pudukottai District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the record relating to impugned order of respondent proceedings in O.mu.No- 177/ 2015 dated 04-09-2015 and quash the same and direct the respondent to issue correct death certificate in the name Adiakan within a stipulated period as fixed by this Court.

For Petitioner : No appearance For Respondent : Mrs.K.Christy Theboral, Addl. Government Pleader.

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ORDER

None appears for the petitioner. The case is posted under the caption "for dismissal".

2.I went through the contents of the affidavit filed in support of the writ petition. The case of the petitioner is that there is a mistake in the entry with regard to his father's demise that took place on 23.08.1982 at Thottiyampatti. When the petitioner approached the respondent for correction, the respondent took the stand that she does not have power to make the necessary corrections. Challenging the said communication dated 04.09.2015, this writ petition came to be filed. 3.Ms.A.Marieswari, Sub Registrar, Ponnamaravathy is present in person. She informs the Court that the revenue authorities are the persons competent to register births and deaths and two years thereafter, the records will be handed over to the registration department. In other words, the registration department is only a custodian of the records and they are not the registering authorities.

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4.The petitioner is therefore granted liberty to move the competent authority under the Registration of Births and Deaths Act, 1969. The impugned communication is sustained.

5.With this liberty to the petitioner, this writ petition is dismissed. No costs.

19.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- The Sub Registrar, Ponnamaravathy Sub Registrar Office, Pudukottai District.

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G.R.SWAMINATHAN, J.

ias 19.07.2023 4/4