Madras High Court
WP/40210/2026 of ARUKKANI Vs The District collector on 12 October 2026
WP No. 40210 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-10-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA
WP No. 40210 of 2026
CNR:{HCMA012139112026}
AND
WMP NO. 45139 OF 2026
Arukkani
..Petitioner(s)
Vs
1. The District Collector
Namakkal
Namakkal District
2. The Revenue Divisional Officer
Thiruchengode
Namakkal District -637 211
3. The Tahsildar
Tiruchengode Taluk
Namakkal District -637 211
4. The Village Administrative Officer
Unjanai village,
Tiruchengode Taluk
Namakkal District -637 205
5. Ramasamy
..Respondent(s)
Prayer:
This writ petition is filed under Article 226 of the Constitution of India, seeking writ of certiorarified mandamus calling for the records relating to the impugned order of the 2nd respondent in Mu.Mu.No.945/2025/C dated 15.05.2026 quash the same and consequently directing the 3rd and 4th
WP No. 40210 of 2026
respondents to register the death of Tmt.Pappayee, wife Chinnagounder that occurred on 20.12.1943 at Pullikaran Thottam, Unjanai village, Tiruchengode Taluk, Namakkal District and to issue the death certificate to the petitioner.
For Petitioner(s):
Mr. M.Elango
For Respondent(s):
M/s. J.V.Sakthi Balakrishnan
Government Advocate
R1 to R4
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
Order
The petitioner seeks to quash the order passed by the 2nd respondent and consequently direct respondents 3 and 4 to register the death of one Pappayee wife of Chinnagounder who has passed away on 20.12.1943 at Pullikaran Thooamunjanai Village, Tiruchengode Taluk.
2. It is the case of the petitioner who is the daughter of the said Pappayee and Chinnagounder, that her mother had passed away on 20.12.1943. The petitioner had applied for belated registration of death. The 1st respondent thereafter obtained a report from the 2nd respondent / Tahsildar. The 5th respondent who is the petitioner’s brother had raised objection to the legal heir certificate dated 08.09.2024 and the civil suit that is pending. The said application came to be rejected vide the impugned order. Challenging the same, the petitioner is before this Court.
WP No. 40210 of 2026
3. The learned Government Advocate would bring to the notice of this Court that the remedy available to the petitioner is not before this Court but by filing an application before the Judicial Magistrate I. This provision has been introduced by the amendment to the Registration of Births and Deaths Act 1969 by the Registration of Births and Deaths (Amendment) Act, 2026.
4. Section 13 has been substituted with (3A) which reads as follows: “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 has taken place, after verifying the correctness of the birth and on payment of such fee as may be prescribed.
5. In the light of the aforesaid amendment, this writ petition cannot be maintained. The remedy available to the petitioner is to approach the Judicial Magistrate I. Accordingly, this writ petition is dismissed. Consequently, the connected miscellaneous petition is closed. No costs. 07-10-2026 KAN
WP No. 40210 of 2026
To
1. The District Collector Namakkal Namakkal District
2. The Revenue Divisional Officer Thiruchengode Namakkal District -637 211
3. The Tahsildar Tiruchengode Taluk Namakkal District -637 211
4. The Village Administrative Officer Unjanai village, Tiruchengode Taluk Namakkal District -637 205
WP No. 40210 of 2026
P.T.ASHA J. KAN WP No. 40210 of 2026 07-10-2026