← Library
Madras High CourtWP(MD)/34950/2025dismissed

G.Ramasamy, v. The District Collector,

2025-12-03Honourable Mr Justice Krishnan Ramasamy6 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 03.12.2025

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.34950 of 2025 and W.M.P.(MD)Nos.27636 and 27638 of 2025 G.Ramasamy ... Petitioner Vs

1. The District Collector, O/o. the District Collector, Thanjavur District.

2. The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Pattukottai Revenue Division, Thanjavur District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings in Moo.Mu.3572/2025/A5 dated 31.10.2025 issued by the 2nd respondent and quash the same as unconstitutional and illegal and consequently direct the respondents 1 and 2 to issue death certificate of the petitioner's great grandfather Brammathevan @ Ramathevar died on 12.05.1946 at Keelakkadu, 1/6

Mahilankottai, Pattukottai Taluk, Thanjavur District within a stipulated time as fixed by this Court.

For Petitioner : Ms.A.Rajini For Respondents : Mr.K.Balasubramani, Spl. Govt. Pleader

O R D E R

This Writ Petition is filed challenging the order of the 2nd respondent dated 31.01.2025, wherein the request of the petitioner seeking issuance of death certificate of his great grandfather Brammathevan @ Ramathevar, was rejected.

2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. The learned counsel appearing for the petitioner would submit that in order to settle the ancestral properties, the petitioner needs the death certificate of his great grandfather viz., Brammathevan @ Ramathevar, who died on 12.05.1946. Hence, the petitioner made a 2/6

request to issue the death certificate of his great grandfather. However, the said request was rejected through the impugned order. Challenging the said order, the petitioner has approached this Court.

4. The learned Special Government Pleader appearing for the respondents would submit that though they have conducted enquiry and examined various persons in the concerned village, they are not in a position to ascertain the existence of the petitioner's great grandfather viz., Brammathevan @ Ramathevar. Therefore, the request of the petitioner was rejected and relegated the petitioner to approach the civil Court.

5. Considering the facts and circumstances of the case, this Court is of the view that when there is a disputed facts involved, certainly, the respondents cannot be decided all those issues and those issues can be decided only by the civil Court. Therefore, no orders could be passed in this Writ Petition.

6. Accordingly, this Writ Petition is dismissed, with liberty to the petitioner to approach the civil Court for appropriate relief. In the 3/6

event, if any application is filed, the Court below is directed to consider the same and pass orders as early as possible. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 03.12.2025 Index : Yes/No vsm 4/6

To

1. The District Collector, O/o. the District Collector, Thanjavur District.

2. The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Pattukottai Revenue Division, Thanjavur District.

5/6

KRISHNAN RAMASAMY, J.

vsm W.P.(MD)No.34950 of 2025 03.12.2025 6/6