S.I Basheer Ahamed v. The Commissioner of Corporation

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2026 CORAM: THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.I.Basheer Ahamed ... Petitioner in W.P.(MD)No.2896 / 2026 Sheik Ibrahim

... Petitioner in W.P.(MD)No.2986 / 2026 -vs-The Commissioner of Corporation, Corporation Commissioner Office, Trichy. ... Respondent in both the W.Ps. PRAYER IN W.P.(MD)No.2896 of 2026:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to issue a Non Registration Certification or Death Certificate of the petitioner's Grandmother namely, Khathar bi alias Kajabi, based on the petitioner's Application No.83738, with paid payment Receipt No.086/A1/1/25-26/0007802 of Rs.8700/- dated 21.11.2025, within a stipulated time that may be fixed by this Court. PRAYER IN W.P.(MD)No.2986 of 2026:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to issue a Non Registration Certification or Death Certificate of the petitioner's father's Grandmother's father namely, K.Sheik Hussain, based on the petitioner's Application No.83747, with paid payment Receipt No.086/A1/1/25-26/0007803 of Rs.11700/- dated 21.11.2025, within a stipulated time that may be fixed by this Court. For Petitioners in both the W.Ps. : Mr.V.Ramasubramanian Senior Counsel for Mr.R.Senthilkumar For Respondent in both the W.Ps. : Mr.J.Sriprasad for M/s.R.B. Law Associates

COMMON ORDER These Writ Petitions have been filed seeking issuance of a Writ of Mandamus, directing the respondent to issue a Non Registration Certification or Death Certificate of the petitioner's grandmother namely, Khathar bi alias Kajabi and the petitioner's father's grandmother's father namely, K.Sheik Hussain, based on the petitioner's Application Nos.83738 and 83747, vide payment Receipt Nos. 086/A1/1/25-26/0007802 and 086/A1/1/25-26/0007803 of Rs.8,700/- and Rs.11,700/-, both dated 21.11.2025, respectively, within a stipulated time that may be fixed by this Court.

¶2When the matter came up for hearing, the learned Senior Counsel appearing for the petitioners submitted that, for the purpose of determining the inheritance of the Jagirdhar inam lands, the petitioners are required to obtain the death certificates of their grandparents, namely, Khathar Bi alias Kajabi, who died on 07.09.1940, and K.Shiek Hussain, who died on 11.06.1910.

¶3The learned Standing Counsel appearing on behalf of the respondent Corporation submitted that, during the period between 1910 and 1940, the Corporation was not the appropriate authority and that, under the erstwhile enactments, the District Collector was the competent authority. In any event, upon the petitioners submitting an application along with certain certificates, the respondent Corporation entertained doubts regarding the veracity of the said certificates and has forwarded them for police verification.

¶4Considering the fact that the factum of death, the date of death, and the relationship must be established by the petitioners, and that only upon production of acceptable evidence can the respondent Corporation consider the application, even though, after repeal of the earlier enactments, presently, they are only the competent authority, it is for the respondent Corporation to examine the applications upon the petitioners producing satisfactory evidence regarding the existence, death, and related particulars of the said deceased persons.

¶5It is stated that the respondent Corporation has already forwarded the documents produced by the petitioners for police verification. Therefore, the said process shall be completed and appropriate orders shall be passed depending on the outcome and in accordance with law, as expeditiously as possible.

¶6These Writ Petitions are disposed of accordingly. No costs.

03.03.2026 smn2 To:- The Commissioner of Corporation, Corporation Commissioner Office, Trichy. oD.BHARATHAoCHAKRAVARTHYoo,oJo. smn2 Commonoorderoin W.P.(MD)Nos.2896oando2986oofo2026

03.03.2026