Madras High Court
M.S.Selvakumar vs The Commissioner on 10 August, 2021
W.P.No.16676 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P. No. 16676 of 2021
M.S.Selvakumar ... Petitioner
Vs.
1. The Commissioner,
Greater Chennai Corporation,
Ripon Building, Chennai 600 003.
2. The Health Officer, Greater Chennai Corporation,
Zone-05, Division-60, Basin Bridge,
Chennai 600 003 ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India praying to issue a Writ of Mandamus, directing the respondents to
pass orders on the petitioner's application dated 31.03.2021 for
registering the civil death of his father Mr.M.S.Sambandan, as per the
judgment and decree dated 18.01.2021 passed in O.S.No.304 of 2020 by
the learned I Assistant City Civil Court, Chennai, mentioning the date of
presentation of the plaint viz., 03.01.2020, as the date of civil death and
issue a death certificate to that effect.
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For Petitioner : Mr.S.M.Muralidharan
For Respondents : Mr. P.Manojkumar
ORDER
Mr.P.Manojkumar, learned counsel takes notices for the
respondents. By consent of both the parties, the writ petition is taken up
for final disposal at the time of admission itself.
2.According to the petitioner, his father by name M.S.Sambandan
was a renowned tamil scholar and he was found missing on 25.09.2011.
In this regard, a case in Crime No.1069 of 2011 was registered on the file
of G1 Vepery Police Station, Chennai. However, his whereabouts were
not known and hence, a non traceable certificate was issued by the police
officials on 19.12.2018. The petitioner futher stated that his father owned
some movable and immovable properties and in order to maintain the
same, the petitioner approached the civil court by filing a suit in
O.S.No.304 of 2020 and obtained a decree dated 18.01.2021 declaring
his father as attained civil death. Thereafter, he submitted an application
dated 31.03.2021 to the first respondent for issuance of death certificate
of his father, based on the civil court decree. The said application was
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forwarded to the second respondent for further action, but no action was
taken on the same. On enquiry, the petitioner came to know that the said
application was not processed, as the date of civil death was not
mentioned in the civil court decree. Placing reliance on the circular
issued by the Registrar General, India dated 26.09.2012 to all the
Reistrars of Births and Deaths, he made a representation dated
23.06.2021 to the first respondent, marking a copy of which to the
second respondent, requesting to issue a death certificate of his father
mentioning the date of filing of the plaint i.e., 03.01.2020 as his date of
death. Finding no response on the same, the petitioner has come up with
this writ petition, seeking a mandamus to the respondents to pass orders
on the said application dated 31.03.2021, thereby registering the date of
civil death of his father and issuing a death certificate to that effect.
3.The leaned counsel for the petitioner submitted that under
section 108 of the Indian Evidence Act, presumption about the death of a
person is to be drawn, when the dispute is brought to the court and the
death can be presumed on the date on which the suit is filed. It is further
submitted that as per the circular dated 26.09.2012 bearing reference
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no.8/4/2011 VS (CRS) issued by the Registrar General of India to all the
Chief Registrars of Births and Deaths, in the case of civil death, the date
on which the plaintiff had approached the court, has to be mentioned as
the date of death. Thus, according to the learned counsel, the respondents
ought to have treated the date of presentation of the plaint as the date of
civil death i.e., on 03.01.2020 and issued a death certificate to the
petitioner, based on the civil court decree dated 18.01.2021 passed by the
I Assistant City Civil Court, Chennai, in O.S.No.304 of 2020.
4.On the other hand, the learned counsel taking notice for the
respondents fairly submitted that the respondents would consider the
representation of the petitioner and pass orders, on merits and in
accordance with law, within a time frame to be stipulated by this court.
5.Considering the facts and circumstances of the case and having
regard to the submissions made by the learned counsel on either side, this
court directs the respondents to consider the representation of the
petitioner dated 31.03.2021 and pass appropriate orders, with regard to
issuance of death certificate of his father, based on the civil court decree
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as well as the circular dated 26.09.2012 as referred to above. Such an
exercise shall be completed within a period of two weeks from the date
of receipt of a copy of this order,
6.With the aforesaid direction, this writ petition stands disposed of.
No costs.
10.08.2021
Index : Yes/No
Internet : Yes/No
mst
To
1. The Commissioner,
Greater Chennai Corporation,
Ripon Building, Chennai 600 003.
2. The Health Officer, Greater Chennai Corporation,
Zone-05, Division-60, Basin Bridge,
Chennai 600 003
https://www.mhc.tn.gov.in/judis/
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R.MAHADEVAN, J.
mst
W.P.No.16676 of 2021
Dated : 10.08.2021
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