Madras High Court
K.T.Periyasamy vs S.Eswaramoorthy on 15 June, 2021
Crl.R.C.No.707 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
Crl.R.C.No.707 of 2015
and M.P.No. 1 of 2015
K.T.Periyasamy ... Petitioner/Third Party
Vs.
1.S.Eswaramoorthy
2.The Tahsildar, Erode Taluk,
Erode District. ... Respondent/Respondent
PRAYER: This Criminal Revision Case has been filed under Section
397 read with Section 401 of Cr.P.C, to set aside the order dated
20.04.2015 made in CMP.No.1245 of 2015, on the file of the Judicial
Magistrate No.I, Erode.
For Petitioner : Mr.C.Ramaraj
For R1 : No appearance
For R2 : Mr.R.Vinoth Raja
Government Advocate (Crl.Side)
JUDGMENT
(This case has been heard through video conference)
Heard the learned counsel for the petitioner through video
conference. The first respondent has been served and there is no
representation on behalf of him. The learned Government Advocate
(Crl.Side) take notice on behalf of the second respondent viz.,
Tahsildhar, Erode.
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.707 of 2015
2.It appears that the first respondent herein has filed an
application before the learned Judicial Magistrate No.I, Erode, under
Section 13(3) of the Registration of Births and Deaths Act, 1969
r/w. 10(3) of the Tamil Nadu Registration of Births and Deaths
Rules, 2000, seeking registration of death of his grandfather viz.,
Muthu Karuppana Gounder @ Karuppana Gounder. The learned
Judicial Magistrate after following the procedure, has allowed the
application and directed the second respondent herein viz.,
Tahsildar, Erode to register the date of death of Muthu Karuppana
Gounder @ Karuppana Gounder as 21.02.1987. After getting
necessary leave permission, the petitioner has filed this Criminal
Revision, challenging the above said order on the ground that the
present revision petitioner is the grand son of the Muthu Karuppana
Gounder @ Karuppana Gounder.
3.The crux of the matter is that whether Karuppana Gounder
is same as Muthu Karuppana Gounder. According to the revision
petitioner, Muthu Karuppana Gounder is the grand father not the
father of the petitioner before the Magistrate Court.
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.707 of 2015
4.The learned counsel for the petitioner would submit that by
virtue of the order passed by this Court in the Judgment reported in
2017 3 CTC 23 - (P.Duraisamy Vs. State), only Executive
Magistrate is empowered to look into the issue.
5.The learned Government Advocate (Crl.Side) would submit
that Karuppana Gounder father's name is Muthu and hence, his
name was typed as Muthu Karuppana Gounder since the identity of
the person who said to have been died is under dispute. Whether
he is the grant father of the revision petitioner or great grand father
of the revision petitioner.
6.Hence, the order passed by the learned Judicial Magistrate
is set aside and the revision petitioner is directed to be added as a
party respondent in CMP.No.1245 of 2015 in the matter relating to
the petition filed under Section 13(3) of the Registration of Births
and Deaths Act, 1969. Factum of death and the date alone is
matter for consideration and hence, when the identity of the person
who said to have died is disputed and the same for Trial.
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.707 of 2015
RMT.TEEKAA RAMAN. J.
dua
7.In this view of the matter this Criminal Revision Case stands
allowed and the order passed in CMP.No.1245 of 2015 is set aside
and the petitioner in CMP.No.1245 of 2015, is at liberty to move the
matter to the learned Executive Magistrate if he so be advised.
Consequently, connected Miscellaneous Petition is closed.
15.06.2021
Index : Yes/No
Internet : Yes/No
dua
To
The Judicial Magistrate No.I, Erode.
Crl.R.C.No.707 of 2015
and M.P.No. 1 of 2015
https://www.mhc.tn.gov.in/judis/
