B.Ravi vs The Tahsildar
2026 Latest Caselaw 12 Mad

Madras High Court

B.Ravi vs The Tahsildar on 5 January, 2026

Author: Krishnan Ramasamy

Bench: Krishnan Ramasamy

                                                                                       W.P.(MD) No.9 of 2026


                       BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT

                                                DATED: 05.01.2026

                                                         CORAM

                        THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY

                                              W.P.(MD)No.9 of 2026



                     B.Ravi                                                            ... Petitioner

                                                              Vs

                     1.The Tahsildar,
                       Uthamapalayam Taluk, Theni District.

                     2.The Commissioner,
                       Gudalur Municipal Corporation,
                       Theni District.                                                 ... Respondents

                     Prayer: Writ Petition filed under Article 226 of the Constitution of India
                     praying to issue a Writ of Mandamus, directing the respondents herein to
                     issue the Death Certificate of S.Bommaiappan, pursuant to the judgment
                     and decree dated 25.08.2023 passed in O.S.No.92 of 2023 on the file of
                     the District Munsif Court, Uthamapalayam, within a time frame to be
                     fixed by this Court.

                                  For Petitioner                  : Mr. M. Karthick

                                  For Respondents                 : Mr. A. Oliraja,
                                                                    Government Advocate




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                                                                                              W.P.(MD) No.9 of 2026


                                                                ORDER

This Writ Petition has been filed seeking a direction to the

respondents herein to issue the Death Certificate of S. Bommaiappan,

pursuant to the judgment and decree dated 25.08.2023 passed in O.S. No.

92 of 2023 on the file of the District Munsif Court, Uthamapalayam,

within a time frame to be fixed by this Court.

2. Mr. A. Oliraja, learned Government Advocate, takes notice for

the respondents.

3. By consent of both parties, this writ petition is taken up for final

disposal at the admission stage itself.

4. The learned counsel appearing for the petitioner submitted that

the petitioner’s father, S. Bommaiappan, went missing on 24.10.2013 and

that more than seven years have elapsed since the date on which he was

last seen, with absolutely no communication from him till date.

Thereafter, the petitioner approached the competent Civil Court seeking a

declaration of civil death and accordingly, filed a suit in O.S. No.92 of

2023 on the file of the District Munsif Court, Uthamapalayam, seeking a

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declaration that his father be presumed dead. The learned trial Judge, by

judgment and decree dated 25.08.2023, declared that the petitioner’s

father, S. Bommaiappan, shall be presumed to be dead. Pursuant

thereto, the petitioner made an application dated 01.07.2025 before the

first respondent seeking issuance of the Death Certificate of his father

based on the said judgment and decree. The first respondent forwarded

the petitioner’s representation to the second respondent. Thereafter, the

petitioner submitted a detailed representation to the second respondent

seeking issuance of the Death Certificate. Subsequently, the second

respondent directed the petitioner to approach the office of the Tahsildar

for obtaining the Death Certificate. However, till date, the Death

Certificate of the petitioner’s father has not been issued. Hence, the

present writ petition has been filed.

5. The learned Government Advocate appearing for the

respondents submitted that no representation has been received from the

petitioner till date. He further submitted that if a fresh representation is

submitted by the petitioner, the same would be considered by the

respondents.

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6. Considering the submissions made on either side, this Court

directs the petitioner to submit a fresh representation, along with the

judgment and decree dated 25.08.2023 passed in O.S. No.92 of 2023 by

the District Munsif Court, Uthamapalayam, before the first and second

respondents. Upon receipt of the same, the second respondent is directed

to issue the Death Certificate based on the said judgment and decree. The

aforesaid exercise shall be completed within a period of six weeks from

the date of receipt of the fresh representation from the petitioner.

7. With the above direction, this writ petition stands disposed of.

No costs.

05.01.2026

Index : Yes/No Internet: Yes/No Neutral Citation: Yes/No TSG

To

1.The Tahsildar, Uthamapalayam Taluk, Theni District.

2.The Commissioner, Gudalur Municipal Corporation, Theni District.

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KRISHNAN RAMASAMY, J.

TSG

05.01.2026

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