Madras High CourtWP(MD)/20948/2025disposed of

Vijayakumar v. The Revenue Divisional Officer

2025-08-01Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.20948 of 2025 and W.M.P(MD)No.16218 of 2025 Vijayakumar

...Petitioner

Vs.

1. The Revenue Divisional Officer, Srirangam Taluk, Trichy District.

2. The Sub Registrar, Uraiyur Sub Registrar Officer, Trichy District.

...Respondents

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 29.04.2025 in proceedings in Pa.Mu.A3/692/2025 of the 1st respondent and quash the same as illegal and consequently directing the 1st respondent to register the death of the petitioners father viz., Manivel and petitioners grandfather viz., Muthukkaruppan and issuing death certificate of the petitioners father viz., Manivel and petitioners grandfather viz., Muthukkaruppan within the period that may be stipulated by this Court

For Petitioner : Mr.V.G.Vallarasu Chezhiyan For Respondents : Mr.K.S.Selva Ganesan Additional Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to quash the impugned order dated 29.04.2025 in proceedings in Pa.Mu.A3/692/2025 of the 1st respondent and consequently directing the 1st respondent to register the death of the petitioner's father viz., Manivel and petitioner's grandfather viz., and also to issue a death certificate within the period that may be stipulated by this Court.

2. Through the impugned order, the respondents have stated that the petitioner has neither submitted any paper publication nor produced any document to prove the same.

3. However, the learned counsel appearing for the petitioner submitted to issue such death certificate the State Government has issued G.O.Ms.No.324 Revenue and Disaster Management [RA-3(2)] Department, dated 28.06.2023. Under clause 4, sub-clause 4, it has been

stated as under:

"iv. If death occurred at Home, a written statement from the head of the house or the nearest relative of the head present in the house and in the abesence of any such person, the oldest adult male person present therein during the said period."

4. The said Government Order (GO) states that any male member must be given a written statement. If such a male member is not available in the house, or in the absence of any such person, the oldest adult male person during the said period shall submit the written statement. There is no provision for paper publication. As far as paper publication is concerned, the Revenue Divisional Officer is responsible for directing the petitioner to issue the paper publication.

5. The learned counsel appearing for the petitioner submitted that the Revenue Divisional Officer should grant permission and issue directions, after which only the newspaper would accept the request and publish the paper publication. Therefore, the impugned order is liable to be quashed.

6. Accordingly, the impugned order dated 29.04.2025 is

hereby quashed. The respondents are directed to strictly adhere to Clause No. 7 and issue the format application to the petitioner with directions to issue paper publication. Once the paper publication is completed, the petitioner is directed to submit the relevant records as stated in Clause 4, Sub-Clause 4. Upon such submission, the respondents shall strictly comply with G.O.Ms.No.324, Revenue and Disaster Management [RA-3(2)] Department, dated 28.06.2023, and pass appropriate orders. The said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

7. With these observations, this writ petition is disposed of. However, the petitioner is at liberty to approach the civil court and seek remedy. No Costs. Consequently, connected miscellaneous petition is closed.

01.08.2025 NCC : Yes / No Internet : Yes KSA To:

1. The Revenue Divisional Officer, Srirangam Taluk, Trichy District.

2. The Sub Registrar, Uraiyur Sub Registrar Officer, Trichy District.

S.SRIMATHY , J.

KSA ORDER MADE IN W.P(MD)No.20948 of 2025 DATED : 01.08.2025