Madras High Court

WP(MD)/29157/2026 of Mathiniraiselvan Vs The Revenue Divisional Offic on 13 October 2026

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WP(MD) No. 29157 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 13-10-2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR

RAMAMOORTHY

WP(MD) No. 29157 of 2026

CNR:{HCMD011437082026}

Mathiniraiselvan

..Petitioner(s)

Vs

1. The Revenue Divisional Officer

Illuppur

Pudukkottai District.Pudukkottai

2. The Tahsildar

Ponnamaravathy Taluk

Pudukkottai District.

3. The Birth/Death Registrar

Ponnamaravathy

Pudukkottai District.

..Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order of the 1st respondent dated 30.07.2026 in O.Mu.A4/4824708/2026 and quash the same as illegal consequently, direct the 1st respondent to register the date of death of the petitioner’s grandfather, namely, Kuppusamy Naidu died on 17.03.1940 and to issue death certificate.

For Petitioner(s):

M/s R.Mohanasundaram

For Respondent(s):

Mr.R.Parthiban

Special Government Pleader

WP(MD) No. 29157 of 2026

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ORDER

Order dated 30.07.2026 of the Revenue Divisional Officer rejecting the petitioner’s request for a Death Certificate in relation to his grandfather, Kuppusamy Naidu, is challenged in this Writ Petition.

2. Learned counsel for the petitioner submits that the sole reason for rejection is that the Registration of Births and Deaths Act, 1969, came into force on 01.04.1970 and that no death prior to that can be registered. He contends that this is erroneous.

3. Mr.R.Parthiban, learned Special Government Pleader, accepts notice for the respondents. He points out that Section 13(3) of the Registration of Births and Deaths Act, 1969, was amended with effect from 01.10.2026 and that the jurisdiction is presently vested in the jurisdictional Judicial Magistrate. He, however, also points out that the impugned order was issued prior thereto.

4. On perusal of the Registration of Births and Deaths Act, 1969, there is nothing in the statute restraining the registration of births and deaths that occurred prior to the entry into force of the statute. Any such registration, however, should be preceded by an inquiry. It is for this

WP(MD) No. 29157 of 2026 purpose that the statute was recently amended so as to confer power on the Judicial Magistrate where the application is filed after two years from the date of death. Because the order was issued on the basis of a misconception regarding the legal position, the said order is set aside. As a consequence, the petitioner is granted leave to approach the jurisdictional Judicial Magistrate for relief.

5. This Writ Petition stands disposed of on the above terms. There shall be no order as to costs. 13-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No apd To

1. The Revenue Divisional Officer Illuppur Pudukkottai District.Pudukkottai

2. The Tahsildar Ponnamaravathy Taluk Pudukkottai District.

3. The Birth/Death Registrar Ponnamaravathy Pudukkottai District.

WP(MD) No. 29157 of 2026 SENTHILKUMAR RAMAMOORTHY, J. apd WP(MD) No. 29157 of 2026 13-10-2026

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