Madras High Court
V.Prakash vs The Revenue Divisional Officer on 13 November, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P(MD)No.3720 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.11.2024
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P(MD)No.3720 of 2023
and
W.M.P(MD)Nos.3504 & 3507 of 2023
V.Prakash ... Petitioner
Vs
1.The Revenue Divisional Officer,
Devakottai,
Sivagangai District.
2.M.Alagappan ... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of
India, to issue a Writ of Certiorarified Mandamus, calling for the
records relating to the impugned order passed by the first
respondent in Mu.Mu.Aa2/3694/2021, dated 23.09.2022 and quash
the same and consequently, direct the first respondent to issue a
Death Certificate of Suba.Alagappan, based on the petitioner's
application, dated 02.07.2021.
For Petitioner : Mr.T.Veerakumar
For R – 1 : Mr.D.Gandhi Raj
Special Government Pleader
For R - 2 : Mr.R.Sundar Srinivasan
https://www.mhc.tn.gov.in/judis
1/8
W.P(MD)No.3720 of 2023
ORDER
This Writ Petition has been filed challenging the order
passed by the first respondent dated 23.09.2022 thereby rejecting
the request made by the petitioner seeking Death Certificate of the
petitioner's great great grandfather, namely Suba.Alagappan.
2.Heard the learned counsel appearing on either side
and perused the materials placed before this Court.
3.The petitioner is a great great grandson of the said
Suba.Alagappan. He had no male issue and gave birth to one female
child namely Karuppayee. She got married one Karuppiah and gave
birth to one Alamelu. While being so, the said Suba.Alagappan had
executed a registered Will vide Document No.42 of 1945, dated
10.12.1945 in respect of the property owned by him in favour of the
said Alamelu. The said Alamelu got married one Shanmugam and
gave birth to two sons namely Veerappan and Ganesh. The said
Veerappan gave birth to the petitioner and another son-Rajesh.
Now, the petitioner had applied for Death Certificate for the said
Suba.Alagappan on 02.07.2021 before the first respondent. The
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first respondent conducted a detailed enquiry and rejected the
application submitted by the petitioner on the ground that the
petitioner failed to produce any evidence to show that his great
great grandfather died on 22.10.1954. Further, in the petitioner's
grandmother's legal heirship certificate ie., Alamelu, her husband's
name was mentioned as Ganesh and in another certificate, it was
mentioned as Shanmugam. Therefore, the request made by the
petitioner was rejected by an order dated 23.09.2022.
4.The learned counsel appearing for the petitioner would
submit that admittedly the petitioner sought the Death Certificate of
the petitioner's great great grandfather Suba.Alagappan, as per
Rule 9(3) of the Tamil Nadu Registration of Birth and Death Rules,
2000 (hereinafter referred to as 'the Act, 2000'). The first
respondent is the competent authority to issue a Death Certificate
as per the Judgment of the Hon'ble Division Bench of this Court in
P.Duraisamy Vs. State represented by the Secretary to
Government and others reported in 2017 (3) CTC 23. The
petitioner got information about the date of death of his great great
grandfather as on 22.10.1954 and mentioned the date of his death
in the application. The second respondent, who is also claiming to
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be the legal heir of the adopted son of the said Suba.Alagappan,
objected to the issuance of a Death Certificate. Based on the Will
which was executed by Suba.Alagappan in favour of the petitioner's
grandmother registered vide Document No.42 of 1945 dated
10.12.1945, the petitioner has claimed title over the property
owned by the said Suba.Alagappan.
5.Though Rule 9(3) of the Act, 2000 permits the
petitioner to apply for Death Certificate, if the death of the person
has not been registered within one year, the first respondent has
the power to issue a Death Certificate, but the petitioner failed to
prove the date of death of his great great grandfather
Suba.Alagappan as 22.10.1954. Insofar as other grounds for
rejection are concerned, the petitioner's grandmother Alamelu got
married one Shanmugam and after her demise, the legal heirship
certificate was wrongly issued as Alamelu's husband is Ganesh.
Actually, the said Ganesh and the petitioner's father Veerappan are
sons of Alamelu. Subsequently, it was corrected and a fresh legal
heirship certificate of the deceased Alamelu was issued.
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6.Though this Court specifically posed a question to the
learned counsel appearing for the petitioner as to from whom the
petitioner ascertained the date of death of his great great
grandfather as 22.10.1954, the learned counsel is unable to answer
and submitted that the said information was obtained from the
family members of the petitioner. Even assuming that the
petitioner's great great grandfather died on 22.10.1954, on the date
of his demise, the petitioner's family members were not alive on
that date. In fact, the petitioner's grandmother, namely Alamelu
died on 02.06.2018. Therefore, there is absolutely no record to
show that the said Suba.Alagappan died on 22.10.1954. The
petitioner was also not able to produce any piece of evidence to
prove the said effect.
7.In view of the above, the request made by the
petitioner was rightly rejected by the first respondent and this Court
finds no infirmity or illegality in the order passed by the first
respondent. The Writ Petition itself is devoid of merits and the same
is liable to be dismissed.
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8.Accordingly, this Writ Petition is dismissed. It is made
clear that there is no quarrel over the fact that the said
Suba.Alagappan died and he is not alive now. There shall be no
order as to costs. Consequently, connected Miscellaneous Petitions
are closed.
13.11.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes
ps
https://www.mhc.tn.gov.in/judis
To
The Revenue Divisional Officer,
Devakottai,
Sivagangai District.
https://www.mhc.tn.gov.in/judis
G.K.ILANTHIRAIYAN, J.
ps
Order made in
13.11.2024
https://www.mhc.tn.gov.in/judis
