Madras High Court
WP(MD)/29297/2026 of K.Shanthi Vs The District Collector on 13 October 2026
WP(MD) No. 29297 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. 29297 of 2026
CNR:{HCMD011442572026}
K.Shanthi,
C/o.Krishnan,
D/No.12/105, Thalamuthu Nagar,
Siluvaupatti Post, Mappilaiurani,
Thoothukudi District.
..Petitioner(s)
Vs
1. The District Collector,
Collectorate Campus,
Korampallam, Thoothukudi,
Thoothukudi District.
2. The Revenue Divisional Officer,
District Collectorate Campus,
Korampallam, Thoothukudi,
Thoothukudi District.
3. The Tahsildar,
Thoothukudi Taluk Office,
Thoothukudi, Thoothukudi District.
4. The Village Administrative Officer,
Mappilaiurani Village,
Thoothukudi Taluk,
Thoothukudi District.
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court for issuance of a Writ of Mandamus directing the respondents by considering the petitioner's representation dated 15-09-2026,
WP(MD) No. 29297 of 2026
to verify the death of the petitioner's mother and to take appropriate steps for the delayed registration of the death in accordance with law under Section 13(3) of the Registration of Births and Deaths Act, 1969 and Rule 9(3) of the Tamil Nadu Registration of Births and Deaths Rules, 2000 and thereafter to issue death certificate through the second respondent.
For Petitioner :
M/s.J.Gayathri
For Respondents :
Mr.C.Deepak
Additional Government Pleader
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ORDER
Asserting that the petitioner's mother, late Saroja, died on 13.05.2023, the petitioner submitted a representation dated 15.09.2026 for the registration of the death and for issuance of a death certificate. The present Writ Petition relates thereto.
2. Mr.C.Deepak, learned Additional Government Pleader, accepts notice on behalf of the respondents.
3. By an amendment to the Registration of Births and Deaths Act, 1969, sub-section 3A has been introduced for the registration of births or deaths in relation to which information is given after 2 years from the date of alleged occurrence thereof. The said provision reads as under:-
WP(MD) No. 29297 of 2026 “(3A) Any birth or death of which delayed information is given to the Registrar after two years of its occurrence, shall be registered only on an order made by a Judicial Magistrate of the first class, having jurisdiction over the area where the birth or death has taken place, after verifying the correctness of the birth or death and on payment of such fee as may be prescribed.”
4. The said provision came into effect from 01.10.2026 under Notification dated 16.09.2026 of the Ministry of Home Affairs.
5. In view thereof, this Writ Petition is disposed of by granting leave to the petitioner to apply to the jurisdictional Judicial Magistrate. If such petition is filed, the jurisdictional Judicial Magistrate shall deal with the same expeditiously. There shall be no order as to costs. 13-10-2026 Index: No Speaking Neutral Citation: No JEN To
1. The District Collector, Collectorate Campus, Korampallam, Thoothukudi, Thoothukudi District.
WP(MD) No. 29297 of 2026
2. The Revenue Divisional Officer, District Collectorate Campus, Korampallam, Thoothukudi, Thoothukudi District.
3. The Tahsildar, Thoothukudi Taluk Office, Thoothukudi, Thoothukudi District.
4. The Village Administrative Officer, Mappilaiurani Village, Thoothukudi Taluk, Thoothukudi District.
WP(MD) No. 29297 of 2026 SENTHILKUMAR RAMAMOORTHY, J. JEN WP(MD) No. 29297 of 2026 13-10-2026