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Madras High CourtWP(MD)/21590/2023allowed

Krishnasamy v. The Revenue Divisional Officer

2026-02-11Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.02.2026

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.21590 of 2023 Krishnasamy ... Petitioner Vs.

1.The Revenue Divisional Officer, Pudukottai.

2. The Birth and Death Registration Authority, Pudukottai Municipality, Pudukottai.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned order passed by the first respondent in No.OMUA6/ 4015/2023, dated 28.08.2023 (28.07.2023) quash the same as illegal and consequently directing the second respondent to issue death of the petitioner's deceased father Seetharaman S/o.Ayyal Raj within time stipulated by this Court.

For Petitioner : Mr.RM.Arun Swaminathan For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader 1/4

O R D E R

The present writ petition has been filed challenging the order passed by the first respondent wherein, the request of the petitioner for registering the death of the petitioner's father has been rejected.

2. A perusal of the order impugned in the writ petition reveals that the petitioner's father namely, Seetharaman, had passed away on 11.08.2000. The petitioner has approached the concerned Tahsildar for registering the death of his father. The Tahsildar has recommended the same to the first respondent on 13.06.2023. However, the first respondent has proceeded to pass the present impugned order rejecting the request of the petitioner on the sole ground that the petitioner's father is the adopted son of one Ayyal Raj and therefore, the petitioner has approached the competent Court.

3. The petitioner has not approached the revenue officials for issuance of death Certificate, it is only for registering the death of the petitioner's father. In such circumstances, the first respondent cannot have any jurisdiction for registering the death of the petitioner's father. It is only for the second respondent to pass appropriate orders and issue Certificate. 2/4

4.

Therefore, the order impugned in the writ petition is set aside. The second respondent is directed to consider the recommendation of the Tahsildar, Pudukottai dated 13.06.2023 and after conducting an enquiry, pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order.

5. With the above said observation, this Writ Petition stands disposed of. There shall be no order as to costs.

11.02.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To 1.The Revenue Divisional Officer, Pudukottai.

2. The Birth and Death Registration Authority, Pudukottai Municipality, Pudukottai.

3. The Tahsildar, Pudukkottai.

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R.VIJAYAKUMAR,J.

ebsi W.P(MD)No.21590 of 2023 11.02.2026 4/4