WRIT PETITION 1857 of 2013 on 4 June 1983

Relief

1. The Commissioner,Corporation of Chennai,Ripon Buildings,Chennai-600 003.2.The Health Officer,Zone VI,Corporation of Chennai,Chennai-600 003. .. Respondents PRAYER : Writ Petition Petition filed Under Article 226 of the Constitution of India for the issuanceof a Writ of Mandamus, directing the respondents to issue the Death Certificate of the petitioner'sfather, who died on 4.6.1983 on the basis of the petitioner's petition dated 13.11.2013.For Petitioner : Mr.D.Muthukumarappa For Respondent-1 : Mr.R.S.Selvam,Government Advocate.

For Respondent-2 : Dismissed vide Court orderdated 17.8.2015.

O R D E RThe relief sought for in this writ petition is for a direction to direct the respondents to issue theDeath Certificate of the writ petitioner's father, who died on 4.6.1983 on the basis of the writpetitioner's petition dated 13.11.2013.

2. The learned counsel, appearing on behalf of the writ petitioner, states that the father of the writpetitioner passed away on 4.6.1983 and he was buried on 5.6.1983 at Assare Shareef Wakf EstateBurial Ground at Pallavaram Mosque Hill, Thirusoolam, Pallavaram, Chennai.

3. This Court is of an opinion that the writ petitioner is unable to clarify whether the death of hisfather was registered with the Corporation or not. This apart, the writ petitioner has to approach thecompetent officials for verification of the original death registration of his father and thereafterclaim the death Certificate from the Competent Authorities. In the event of non-availability of thedeath particulars of the father of the writ petitioner, the writ petitioner has to approach theCompetent Forum under the provisions of the Registration of Births and Deaths Act, 1969.

4. Thus, this Court cannot issue a direction to the respondents to issue a Death Certificate of thefather of the writ petitioner without ascertaining the facts regarding the registration of his father'sdeath with the Corporation. Such complex facts and circumstances can never be entertained in awrit proceeding under Article 226 of the Constitution of India. However, the writ petitioner is atliberty to approach the Competent Authorities, if the particulars of the death of his father isavailable in the Corporation Register. If it is not available, then the writ petitioner has to approachthe Competent Forum under the provisions of the Registration of Births and Deaths Act, 1969 and inthe manner known to law.

5. With the above observations, the writ petition stands disposed of. However, there shall be noorder as to costs.

31-10-2018Index : Yes.Internet : Yes.Speaking Order.Svn To

1. The Commissioner,Corporation of Chennai,Ripon Buildings,Chennai-600 003.S.M.SUBRAMANIAM, J.

Svn

2. The Health Officer,Zone VI,Corporation of Chennai,Chennai-600 003.

WP No.1857 of 2014