A woman claiming to be the deceased's wife sought cancellation of death certificates issued in favour of other claimants. The court held a death certificate merely records a registered death and does not decide legal heirship; disputes belong before the civil court where a declaration suit was already pending, and dismissed the petition.
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W.P(MD)No.4368 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.11.2024
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P(MD)No.4368 of 2024 and
W.M.P(MD)No.4192 of 2024
S.Sukirtha Kala
... Petitioner
Vs
... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to cancel the death certificate No.D-2022:33-16187-001439 issued by the third respondent in favour of the respondents 5 and 6 respondents dated 14.07.2022 and 22.08.2022 respectively consequently direct the third respondent to restore the death certificate
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W.P(MD)No.4368 of 2024
No.D-2022:33-16187-001439, dated 28.04.2022 issued showing the petitioner as the wife of her deceased husband Sivasamynathan.
For Petitioner : Mr.P.P.Alwin Balan For RR 1 to 4 : Mr.S.Shanmugavel Additional Government Pleader For R – 5 : Mr.Aayiram K.Selvakumar For R – 6 : No appearance
ORDER
This Writ Petition has been filed by the petitioner to cancel the death certificate issued by the third respondent in favour of the respondents 5 and 6 respondents dated 14.07.2022 and 22.08.2022 respectively and consequently direct the third respondent to restore the death certificate, dated 28.04.2022.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3.The petitioner claiming to be the legally wedded wife of K.S.Sivasamynathan challenged the death certificates of her husband on the ground that it was in favour of the respondents 5 and 6. The respondents 5 and 6 are also claiming to be the legal
heirs of the deceased Sivasamynathan, whereas the petitioner is 2/6
W.P(MD)No.4368 of 2024
also claiming to be the wife of K.S.Sivasamynathan and children along her mother-in-law.
4.It is not disputed that the said K.S.Sivasamynathan died on 08.04.2022. It was registered and the death certificate was issued by the third respondent. It does not matter that it was issued to whom. The death of K.S.Sivasamynathan was registered and issued a certificate. It is no way connected to the legal heirship of the deceased K.S.Sivasamynathan. Further, the fifth respondent herein filed a suit in O.S.No.127 of 2022 on the file of the Principal District Munsif Court, Ambasamudram for declaration to declare the plaintiffs and defendants 1 to 4 as legal heirs of the said K.S.Sivasamynathan. If at all any grievance, the petitioner can very well implead in the said suit and agitate the issue before the civil Court. Therefore, this Court finds no infirmity or illegality in the death certificate issued by the third respondent. Hence, this Writ Petition is devoid of merits and the same is liable to be dismissed.
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5.Accordingly, this Writ Petition is dismissed. There shall
be no order as to costs. Consequently, connected Miscellaneous Petition is closed.
22.11.2024
NCC : Yes / No Index : Yes / No Internet : Yes ps
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To
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W.P(MD)No.4368 of 2024
G.K.ILANTHIRAIYAN, J.
ps
Order made in W.P(MD)No.4368 of 2024
22.11.2024
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1 issue framed by the court
Whether a writ court should cancel a death certificate issued to rival claimants when legal heirship is disputed and pending before a civil suit.
S.Sukirtha Kala
The District Collector, Tirunelveli District
The District Additional Registrar of Births & Deaths, Tirunelveli District
The Registrar of Births & Deaths, Tirunelveli Medical College Hospital
The Dean, Tirunelveli Medical College Hospital
Tamilselvi
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
