Murugaperumal.R v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2023 CORAM: THE HONOURABLE MR.JUSTICE B.PUGALENDHI R.Murugaperumal ... Petitioner in WP(MD)22620/2023 S.Ramasamy ... Petitioner in WP(MD)22621/2023 v. The Commissioner, Karur City Corporation, Karur. ... Respondent in both WPs PRAYER in WP(MD).22620/2023: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondent to provide the certificate of non-registration of death of the petitioner's grandmother namely Mrs.Marayee W/o.Subburaya Gounder, by considering the petitioner's representation dated 16.06.2023 within a stipulated time limit. PRAYER in WP(MD).22621/2023: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondent to provide the certificate of non-registration of death of the petitioner's grandmother namely Mrs.Vellaiyammal W/o.Periyanna Gounder, by considering the petitioner's representation dated 16.06.2023 within a stipulated time limit. For Petitioners : Mr.V.Muthu Kamatchi For Respondent : Mr.K.Bala Subramanian, Standing Counsel [In both WPs] ***** COMMON ORDER The petitioners before this Court are father and son. According to them, their grandmothers died in the years 1966 & 1996, respectively, however, it was not registered. With this averment, the petitioners have filed an application before the Municipality and have filed these writ petitions for a mandamus directing the respondent to provide the certificate of non-registration of death of their grandmothers.

2.Learned Standing Counsel for the respondent submitted that the petitioners have submitted the representations without enclosing any documents or proof to show that their grandmothers have ever resided in that village and that they have been buried in that village. In the absence of any documents, the respondent could not proceed further. Moreover, the petitioners have not paid the required fee for issuing such certificate.

3.This Court considered the rival submissions made on either side.

4.The petitioners have submitted representations dated 16.06.2023, however, the same was not considered by the respondent since the petitioners have not enclosed any relevant documents. The petitioners are, therefore, directed to furnish the required documents before the respondent to show that their grandmothers have ever resided in that village and died in that village, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the respondent is directed to consider the documents, conduct an independent enquiry and thereafter, pass suitable orders, after affording due opportunity of hearing to the petitioners, within a further period of six weeks therefrom. With the above directions, these writ petitions stand disposed of. No costs. Index :

19.09.2023 NCC : gk To The Commissioner, Karur City Corporation, Karur.

B.PUGALENDHI, J. gk

19.09.2023