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V. Balamurugan v. The Revenue Divisional Officer

Madras HC5 Mar 2025WP(MD)/5822/2025

Case brief

AI extract

What is this about?

Death certificate mandamus; unregistered death (11.03.2011) of grandfather Muthuthevar; application Na.Ka.A1/6529/2024 dated 14.10.2024 pending before Revenue Divisional Officer, Sivagangai; competent authority fixed as RDO per Rule 9 sub-rule 3 substitution (G.O. (Ms).No.293, Health and Family Welfare (AB2) Department dated 02.12.2016); disposal with due enquiry directed within 12 weeks; no order as to costs; Registration of Births and Deaths Act, 1969 (Central Act 18 of 1969) backdrop; W.P.(MD)No.5822 of 2025; Madras High Court, Madurai Bench; decided 05.03.2025.

What did the court decide?

First respondent directed to conduct due enquiry and dispose of the petitioner's application in Na.Ka.A1/6529/2024 dated 14.10.2024 within twelve [12] weeks from the date of receipt of a copy of the order; no order as to costs. ¶29

V. Balamurugan Vs The Revenue Divisional Officer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether, in view of the amendment substituting Rule 9 sub-rule 3 empowering the authority not below the rank of Revenue Divisional Officer to register any birth or death not registered within one year of its occurrence, the first respondent (Revenue Divisional Officer) is the competent authority for the petitioner's application regarding the unregistered death. +1 more

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Court's answer

In view of the amended Rule 9 sub-rule 3 empowerment, the competent authority is the first respondent (Revenue Divisional Officer), before whom the petitioner has rightly made the application.

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Ratio / Principle

Considering the limited relief sought, the writ petition is disposed of by directing the first respondent to conduct due enquiry and dispose of the petitioner's application in Na.Ka.A1/6529/2024 dated 14.10.2024 within twelve [12] weeks from receipt of a copy of the order, with no order as to costs.

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Detailed headnote1 paragraphs

Single-judge order of the Madurai Bench of the Madras High Court (Justice P.B. Balaji, 05.03.2025) disposing of W.P.(MD)No.5822 of 2025 filed by V. Balamurugan under Article 226 of the Constitution of India seeking a mandamus for expeditious disposal of his application (Na.Ka.A1/6529/2024 dated 14.10.2024, pending before the first respondent, the Revenue Divisional Officer, Sivagangai) for issuance of a death certificate for his grandfather Muthuthevar S/o Chockalinga Thevar, who died on 11.03.2011 with the death never registered; the petitioner's mother Valliyammal, stated to be the only legal heir, predeceased the grandfather on 10.03.2001, and the Tahsildar, Kalayarkovil, had certified on 02.08.2024 that the death was not registered in their records. The Government Advocate relied on G.O. (Ms).No.293, Health and Family Welfare (AB2) Department dated 02.12.2016, whereby Rule 9 sub-rule 3 was substituted empowering the authority not below the rank of Revenue Divisional Officer to register any birth or death not registered within one year of its occurrence. Holding the first respondent to be the competent authority, the Court directed due enquiry and disposal of the application within twelve [12] weeks from receipt of a copy of the order, with no order as to costs.

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W.P.(MD)No.5822 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 05.03.2025

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CORAM

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THE HON'BLE MR.JUSTICE P.B.BALAJI

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W.P.(MD)No.5822 of 2025

V.Balamurugan

: Petitioner

Vs.

1.The Revenue Divisional Officer,

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Revenue Divisional Office, Sivagangai,

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Sivagangai District.

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2.The Tahsildar, Kalaiyarkovil Taluk, Sivagangai District. : Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to dispose of the petitioner's petiton expeditiously in Na.Ka.A1/6529/2024 dated 14.10.2024 on the file of the first respondent and issue death certificate for the petitioner's grandfather namely Muthuthevar S/o. Chockalinga Thevar, died on 11.03.2011, within the stipulated time fixed by this Court.

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For Petitioner : Mr.G.Sarathkumar

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For Respondents 1 & 2 : Mr.S.Kameswaran

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Government Advocate

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

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W.P.(MD)No.5822 of 2025

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O R D E R

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The petitioner seeks issuance of Writ of Mandamus to direct the first respondent to pass orders on the petitioner's application for issuance of death certificate for his grandfather.

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2. The grievance of the petitioner is that the petitioner has been made to run from pillar to post for obtaining death certificate for his grandfather. According to the petitioner, his grandfather died on 11.03.2011 and the petitioner's mother was the only legal heir of the said Muthuthevar, the grandfather of the petitioner. The petitioner's mother Valliyammal also died on 10.03.2001 and predeceased the grandfather. The admitted case of the petitioner is that the grandfather's death was not registered and hence, the petitioner has made an application for issuance of death certificate. However, the Tahsildar, Kalayarkovil, by certificate dated 02.08.2024 has stated that the death of Muthuthevar is not registered in their records. Thereafter, the petitioner has approached the first respondent and given a petition on 14.10.2024 and also remitted the requisite fee. The said application of the petitioner is pending in Na.Ka.A1/6529/2024. The petitioner seeks expeditious disposal of the said application dated 14.10.2024.

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W.P.(MD)No.5822 of 2025

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3. Learned Government Advocate would rely on G.O. (Ms).No.293, Health and Family Welfare (AB2) Department dated 02.12.2016, in and whereby Section 30 of the Registration of Births and Deaths Act, 1969 (Central Act 18 of 1969) has been amended more specifically Rule 9 Sub Rule 3 has been substituted empowering the authority not below the rank of Revenue Divisional Officer to register any birth or death which has not been registered within one year of its occurrence.

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4. In view of the above, the competent authority is the first respondent before whom the petitioner has rightly made an application.

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5. Considering the limited relief sought for by the petitioner, this Writ Petition is disposed of, by directing the first respondent to conduct due enquiry and disposed of the petitioner's application in Na.Ka.A1/6529/2024 dated 14.10.2024, within a period of twelve [12] weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

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05.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR

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

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W.P.(MD)No.5822 of 2025

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