Saravana Ganesh M v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2025

CORAM:

THE HONOURABLE Ms.JUSTICE P.T.ASHA M.Saravana Ganesh ... Petitioner -vs1.The District Collector, Collectorate, Gandhi Nagar, Madurai District.

2.The Revenue Divisional Officer, Collectorate, Gandhi Nagar, Madurai.

3.The Registrar (Birth and Death), Madurai Coporation Birth and Death Registration Office, Madurai District.

4.The Thasildar, Madurai North Taluk, Madurai District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, to direct the fourth respondent to conduct an enquiry and

consequently direct the third respondent to register the death and issue death certificate of the petitioner's grandmother namely G.Soundaram, W/o.(late) V.S.Ganeshan by considering the petitioner's representation dated 23.08.2025 within the period that may be stipulated by this Court. For Petitioner :

Mr.A.B.Jeeva For Respondents :

Mrs.D.Farjana Goushia Special Government Pleader (for R1, R2 & R4) Mr.S.Vinayak (for R3)

O R D E R

The writ petition has been filed seeking a direction to the fourth respondent to conduct an enquiry and consequently direct the third respondent to register the death and issue death certificate of the petitioner's grandmother, namely, G.Soundaram, W/o.(late) V.S.Ganeshan, by considering the petitioner's representation dated 23.08.2025 within the period that may be stipulated by this Court.

2. Heard the arguments of Mr.A.B.Jeeva, learned counsel for the petitioner, Mrs.D.Farjana Goushia, learned Special Government Pleader, who takes notice for the respondents 1, 2 and 4 and Mr.S.Vinayak, learned counsel, who takes notice for the third respondent. By consent of both sides, the writ petition is taken up for final disposal at the admission stage itself.

3. According to the petitioner, his father passed away on 03.01.2000. The legal heirs of the petitioner's deceased father are the petitioner himself, his mother, younger brother, younger sister and grandmother. The petitioner applied for issuance of legal heir certificate of his father and obtained the same on 25.01.2000. Subsequently, on account of his employment, the petitioner went to Chennai. At his juncture, the petitioner's grandmother passed away on 24.12.2009. However, due to lack of awareness, the petitioner's mother failed to register the death of petitioner's grandmother before the concerned authorities. In this circumstances, when the petitioner recently applied for fresh legal heirship certificate in respect of his father's demise, he came to know that the name of his grandmother was still reflected as one of the surviving legal heirs. Therefore, the petitioner sent a representation on 23.08.2025 to the respondents 2 to 4 for

conducting enquiry and register the death of petitioner's grandmother and further to issue the death certificate. Since the respondents have not taken any steps, the petitioner was constrained to file this petition.

4. The learned Special Government Pleader submits that the if the petitioner makes an application to the Revenue Divisional Officer with the document set out in the circular dated 29.08.2025, the same would be considered and order would be passed in accordance with law, within one month.

5. In view of the above, without expressing any opinion on the merits of the matter, the petitioner is directed to submit a fresh representation along with the documents set out in the circular dated 29.08.2025 before the second respondent. On such representation being made, the second respondent is directed to consider the same and pass order on its own merits, within a period of four week from the date on which the application was made by the petitioner.

6. With the above direction, this writ petition is disposed of. No costs. 03.09.2025 NCC : Yes/No Index : Yes/No Rmk To 1.The District Collector, Collectorate, Gandhi Nagar, Madurai District.

2.The Revenue Divisional Officer, Collectorate, Gandhi Nagar, Madurai.

3.The Registrar (Birth and Death), Madurai Coporation Birth and Death Registration Office, Madurai District.

4.The Thasildar, Madurai North Taluk, Madurai District.

P.T.ASHA, J.

Rmk 03.09.2025