Mohamed Arifkhan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :05.08.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No. 21170 of 2024 and W.M.P(MD)No. 17934 of 2024 Mohamed Arifkhan ... Petitioner vs.
1. The District Registrar, Ramanathapuram.
2. The Revenue Divisional Officer, Ramanathapuram Division, Ramanathapuram District.
3. The Thasildhar, Ramanathapuram Taluk, Ramanathapuram District.
4. The Village Administrative Officer, Sakkarakottai Village, Ramanathapuram Taluk, Ramanathapuram District.
5. Haiser Jahan
6. Majithabanu
7. Ayisaththul Jelikha
8. Imamudin
...Respondents
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 records pertaining to the Death Certificate dated 16.08.2013 issued by the 4th respondent and quash the same a illegal and consequently directing the 3rd respondent to cancel the legal heir ship certificate issued in Tha.Pa.No. PaMu. A3/21225/13 dated 05.09.2013. For Petitioner : M/S.M.Maruthupandian For Respondents : Mr.S.Shanmugavel, Additional Government Pleader, for R-1 to R-4 Mr.G.Manikandan, for R-5 to R-8
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to quash the Death Certificate dated 16.08.2013 issued by the 4th respondent and consequently directing the 3rd respondent to cancel the legal heir ship certificate issued in Tha.Pa.No. PaMu. A3/21225/13 dated 05.09.2013.
2. Since the petitioner is alive, the respondents have erroneously issued a death certificate based on a representation made by the estranged wife. Therefore, the petitioner is seeking to quash the said death certificate.
3. The learned Additional Government Pleader appearing for the official respondents submitted that the identity of the individual has been verified and confirmed the case of the petitioner to be correct.
4. Considering the facts of the case, this Court directs the second respondent to set aside the death certificate and, consequently, to cancel the legal heir certificate. This exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order.
5. With the above observations, this Writ Petition is allowed. There shall be no order as to costs.
05.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA
To:
1. The District Registrar, Ramanathapuram.
2. The Revenue Divisional Officer, Ramanathapuram Division, Ramanathapuram District.
3. The Thasildhar, Ramanathapuram Taluk, Ramanathapuram District.
4. The Village Administrative Officer, Sakkarakottai Village, Ramanathapuram Taluk, Ramanathapuram District.
S.SRIMATHY , J.
KSA ORDER MADE IN W.P(MD)No.21170 of 2024 DATED :05.08.2025