Dismissed

M.Somasundara Barathi v. The District Collector

Madras HC6 Aug 2024WP(MD)/18932/2024

Case brief

AI extract

What is this about?

In this writ petition filed under Article 226, the petitioner sought a direction to issue a death certificate for his great grandfather who died in 1964. The High Court held the petition not maintainable as fact of death must be established by suit when no certificate exists, dismissing the writ.

What did the court decide?

No direction to issue death certificate; petitioner directed to file appropriate suit.

M.Somasundara Barathi Vs The District Collector — Pension and Retirement Benefits | Madras HC (2024)

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W.P.(MD) No.18932 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 06.08.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

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W.P.(MD) No.18932 of 2024

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M.Somasundara Bharathi

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Petitioner

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-vs-

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1.The District Collector, Office of the District Collectorate, Sivagangai District.

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2.The District Revenue Officer, Office of the District Revenue Officer, Sivagangai District.

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3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Sivagangai District.

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4.The Tahsildar, Manamadurai Taluk Office, Manamadurai, Sivagangai District.

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5.The Revenue Inspector, Office of the Revenue Inspector, Manamadurai Taluk, Sivagangai District.

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_____________ Page 1 of 5_

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.18932 of 2024

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6.The Village Administrative Officer, Office of the Village Administrative Office, Manamadurai Group, Manamadurai Taluk, Sivagangai District. ... Respondents

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus to direct the respondents to issue the death certificate of the petitioner's great grandfather, namely, Myandi, s/o.Sangili, who died on 14.12.1964, No.5, Siviyar Street, Manamadurai Revenue Village, Manamadurai Taluk, Sivagangai District, based upon the application made by the petitioner, undated 03.2022.

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For Petitioner : Mr.R.Senthil Kumar

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For Respondents 1 to 6 : Mr.D.Sadiq Raja, Addl. Govt. Pleader.

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ORDER

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With consent of the parties, the Writ Petition is taken up for final disposal at the admission stage itself. Therefore, no counter is required.

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_____________ Page 2 of 5_

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.18932 of 2024

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This Writ Petition has been filed for issuance of a writ of mandamus to direct the respondents to issue the death certificate of the petitioner's great grandfather, namely, Myandi, s/o.Sangili, who died on 14.12.1964, No.5, Siviyar Street, Manamadurai Revenue Village, Manamadurai Taluk, Sivagangai District, based upon the application made by the petitioner, undated 03.2022.

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The petitioner seeks a direction to the respondents to issue death certificate of his great grandfather, who is said to have died in the year 1964.

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At the outset, this Court is of the view that this Writ Petition is not maintainable. When the death certificate is not registered anywhere, the factum of date of death has to be established in the manner known to law. Therefore, it is open for the petitioner to file appropriate suit before the court concerned for redressal of his grievance.

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Writ Petition is dismissed accordingly. No costs.

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06.08.2024

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NCC : Yes / No Index : Yes / No Internet : Yes / No

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dixit

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_____________ Page 3 of 5_

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.18932 of 2024

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To:

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1.The District Collector, Office of the District Collectorate, Sivagangai District.

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2.The District Revenue Officer, Office of the District Revenue Officer, Sivagangai District.

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3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Sivagangai District.

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4.The Tahsildar, Manamadurai Taluk Office, Manamadurai, Sivagangai District.

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5.The Revenue Inspector, Office of the Revenue Inspector, Manamadurai Taluk, Sivagangai District.

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6.The Village Administrative Officer, Office of the Village Administrative Office, Manamadurai Group, Manamadurai Taluk, Sivagangai District.

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_____________ Page 4 of 5_

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.18932 of 2024

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N.SATHISH KUMAR, J.

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dixit

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W.P.(MD) No.18932 of 2024

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06.08.2024

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Page 5 of 5

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https://www.mhc.tn.gov.in/judis

M.Somasundara Barathi v. The District Collector

Case brief

What is this about?

What did the court decide?

M.Somasundara Barathi v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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