B.Ravi v. The Tahsildar,

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 05.01.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.9 of 2026 B.Ravi ... Petitioner Vs 1.The Tahsildar, Uthamapalayam Taluk, Theni District.

2.The Commissioner, Gudalur Municipal Corporation, Theni District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to issue the Death Certificate of S.Bommaiappan, pursuant to the judgment and decree dated 25.08.2023 passed in O.S.No.92 of 2023 on the file of the District Munsif Court, Uthamapalayam, within a time frame to be fixed by this Court.

For Petitioner : Mr. M. Karthick For Respondents : Mr. A. Oliraja, Government Advocate 1/5

O R D E R

This Writ Petition has been filed seeking a direction to the respondents herein to issue the Death Certificate of S. Bommaiappan, pursuant to the judgment and decree dated 25.08.2023 passed in O.S. No. 92 of 2023 on the file of the District Munsif Court, Uthamapalayam, within a time frame to be fixed by this Court.

2. Mr. A. Oliraja, learned Government Advocate, takes notice for the respondents.

3. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

4. The learned counsel appearing for the petitioner submitted that the petitioner's father, S. Bommaiappan, went missing on 24.10.2013 and that more than seven years have elapsed since the date on which he was last seen, with absolutely no communication from him till date. Thereafter, the petitioner approached the competent Civil Court seeking a declaration of civil death and accordingly, filed a suit in O.S. No.92 of 2023 on the file of the District Munsif Court, Uthamapalayam, seeking a 2/5

declaration that his father be presumed dead. The learned trial Judge, by judgment and decree dated 25.08.2023, declared that the petitioner's father, S. Bommaiappan, shall be presumed to be dead. Pursuant thereto, the petitioner made an application dated 01.07.2025 before the first respondent seeking issuance of the Death Certificate of his father based on the said judgment and decree. The first respondent forwarded the petitioner's representation to the second respondent. Thereafter, the petitioner submitted a detailed representation to the second respondent seeking issuance of the Death Certificate. Subsequently, the second respondent directed the petitioner to approach the office of the Tahsildar for obtaining the Death Certificate. However, till date, the Death Certificate of the petitioner's father has not been issued. Hence, the present writ petition has been filed.

5. The learned Government Advocate appearing for the respondents submitted that no representation has been received from the petitioner till date. He further submitted that if a fresh representation is submitted by the petitioner, the same would be considered by the respondents.

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6. Considering the submissions made on either side, this Court directs the petitioner to submit a fresh representation, along with the judgment and decree dated 25.08.2023 passed in O.S. No.92 of 2023 by the District Munsif Court, Uthamapalayam, before the first and second respondents. Upon receipt of the same, the second respondent is directed to issue the Death Certificate based on the said judgment and decree. The aforesaid exercise shall be completed within a period of six weeks from the date of receipt of the fresh representation from the petitioner.

7. With the above direction, this writ petition stands disposed of. No costs.

05.01.2026 Index : Yes/No Internet: Yes/No TSG To 1.The Tahsildar, Uthamapalayam Taluk, Theni District.

2.The Commissioner, Gudalur Municipal Corporation, Theni District.

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KRISHNAN RAMASAMY, J.

TSG W.P.(MD)No.9 of 2026 05.01.2026 5/5