WP/44161/2026 of Murugesan Vs The District Revenue Officer on 2 November 2026

ORDER

This Writ Petition has been filed for the following reliefs:- “calling for the records pertaining to the proceedings of the 1st respondent in Mu.Mu.No.28477/C1 dated 08.04.2025 and quash the same and consequently direct the respondents to consider the petitioners request afresh under section 15 of the Registration of Births and Deaths Rules, 2000 and pass appropriate orders within a time frame fixed by this Hon'ble Court and thus render justice.”

2. The petitioner would submit that he is the son of Late Marimuthu @ Marinavithan, who died on 05.05.1980 at Kudlamparai Village, Mohanur Taluk, Namakkal District. Since the death of his father had not been registered at the relevant point of time, the petitioner submitted an application dated 06.03.2023 seeking registration of his father's death and issuance of a Death Certificate. Pursuant to the enquiry conducted by the revenue authorities, the 2nd

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respondent, namely, the Revenue Divisional Officer, Namakkal, passed proceedings dated 16.10.2024 in Na.Ka.No.592/2024/A5, directing registration of the death of the petitioner's father. However, in the said proceedings, the name of Valliyammal was erroneously mentioned instead of Kanthaye, who was the wife of the deceased and the petitioner's mother.

3. The petitioner would further submit that the entry relating to the name of the wife of the deceased was made without properly appreciating the relevant documentary evidence and the statements recorded during the enquiry. In particular, the statement of one Bakkyam dated 21.12.2023 disclosed a material discrepancy with regard to the name of her mother, as she had specifically mentioned the name as Pazhaniammal. Further, the alleged first wife, Valliyammal, and her legal heir, Paakiyam, did not appear for the enquiry before the 2nd respondent, despite summons having been issued to them. The petitioner would rely upon the Death Certificate of Kanthaye dated 16.06.2023, the Legal Heir Certificate dated 13.08.2023 and other relevant identity and family records in support of his claim.

4. The petitioner would submit that, seeking correction of the aforesaid erroneous entry, he submitted a representation dated 28.10.2024 before the 2nd respondent and thereafter on the advice of the 2nd respondent preferred an appeal dated 25.11.2024 before the 1st respondent, namely, the District

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Revenue Officer, Namakkal District. However, the 1st respondent, by the impugned proceedings dated 08.04.2025, rejected the petitioner's appeal and confirmed the disputed entry mentioning the name of Valliyammal, without properly considering the relevant documents, statements and material discrepancies. Therefore, challenging the same, the petitioner is before this Court.

5. Heard the learned counsel on either side and perused the records.

6. In the present case, there appears to be a serious dispute with regard to the status of the petitioner's mother. While the petitioner claims that his mother was the legally wedded wife of the deceased, Marimuthu @ Marinavithan, the 5th respondent, who is the daughter of the deceased's first wife, disputes the said claim. Further, the statement made by the 5th respondent clearly indicates that the deceased had two wives. Whether the petitioner's mother or the 5th respondent's mother was the legally wedded wife of the deceased has to be first determined. This question cannot be adjudicated by this Court in exercise of its jurisdiction under Article 226 of the Constitution of India, as the same involves disputed questions of fact, which can be determined only by a competent Civil Court. Further, the respondents herein are not the competent authority to decide the rights of the rival claimants. Hence, the first respondent has rightly rejected the petitioner’s appeal, and this Court finds no reason to interfere with the

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impugned proceedings.

7. Accordingly, the writ petition stands dismissed. The petitioner is at liberty to work out his remedy before the competent Civil Court. No costs. Consequently, the connected Miscellaneous Petition is closed. 02-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SHR To

1. The District Revenue Officer, Namakkal District.

2. The Sub-Divisional Magistrate-Cum-Revenue Divisional Officer, Namakkal District.

3. The Tahsildar, Office of the Tahsildar, Mohanur Taluk, Namakkal District - 637015.

4. The Registrar of Births and Deaths and The Village Administrative Officer, kudlamparai village, mohanur taluk, namakkal District.

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P.T.ASHA J. SHR WP No. 44161 of 2026 AND WMP NO. 49534 OF 2026 02-11-2026