Madras High Court
WP(MD)/31991/2026 of Mariselvi Vs The District Collector on 11 November 2026
WP(MD) No. 31991 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11-11-2026
CORAM
THE HON'BLE MR.JUSTICE N.DILIP KUMAR
WP(MD) No. 31991 of 2026
CNR:{HCMD011575182026}
Mariselvi
..Petitioner(s)
Vs
1. The District Collector,
Virudhunagar,
Virudhunagar District.
2. The Commissioner,
Virudhunagar Municipality,
Virudhunagar,
Virudhunagar District.
3. The Tahsildar,
Virudhunagar Taluk,
Virudhunagar District.
..Respondent(s)
PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of MANDAMUS considering the petitioner's representation dated 23.10.2026 and consequently direct the 2nd respondent to register the death and issue the Death Certificate to the death of petitioner husband Late Karuppasamy who died on 16.06.2026
within the time limit as fixed by this Court.
For Petitioner(s)
:Mr.K.K. Samy
For Respondent(s)
:Mr.T.Thirumurugan
Special Government Pleader
Mr.N.M.M.Abishek Pandian
Standing Counsel
For R2
WP(MD) No. 31991 of 2026
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ORDER
The writ petition is filed asking for a Mandamus to the 2nd respondent to register the death of the petitioner's husband Mr. Karuppasamy on 16.06.2026 and issue an appropriate death certificate.
2. The limited facts necessary for the disposal of the writ petition are as follows: The petitioner is married to Mr.Karuppasamy. They lived at Virudhunagar District. They have two minor children born out of the marriage. The petitioner's husband was employed at Tiruppur. He reported sick on 15.06.2026 and was travelling back to Virudhunagar from Tiruppur. On 16.06.2026, the petitioner received an emergency telephone communication from a police officer stationed at Madurai Arapalayam bus stand that her husband was found unconscious. The petitioner made arrangement through her local relatives at Madurai and Mr.Karuppasamy was brought back in a private ambulance from Madurai Arapalyam to Virudhunagar. By the time he reached Virudhunagar, he was found dead. The exact place of death of Mr.Karuppasamy is not identified. However, his mortal remains were cremated in the crematorium maintained by the 2nd respondent Municipality. The
WP(MD) No. 31991 of 2026 petitioner claims who have submitted a formal application in July 2026 along with the cremation receipts to register the death and issue the statutory death certificate. However, the same having not been acted upon, she had also given a representation on 23.10.2026. Since it did not evoke any response, the present writ petition is filed.
3. Per contra, the learned Standing Counsel for the 2nd respondent would contend that since the death did not occur within the limits of the Virudhunagar Municipality, they cannot be compelled to register the death or issue a death certificate.
4. The statutory provisions contained in the Registration of Birth and Death act, 1969 and the TN Registration of Birth and Death Rules, 2025 deals with the specified scenario of death occurring in a vehicle. Rule 6 prescribes that in respect of death in a moving vehicle, the person in charge of the vehicle shall give or cause to be given the information to the Registrar under Subsection (1) of Section 8 at the first place of halt. In the present case, it is the specific case of the writ petitioner that the petitioner's husband was brought from Madurai to Virudhunagar and the first place of halt was at Virudhunagar and the person in charge of the vehicle had caused the information to the Virudhunagar Municipality
WP(MD) No. 31991 of 2026 through the petitioner that the petitioner's husband had died. Once the information is made available to the Registrar of Death, there is power under Section 21 available to the Registrar to obtain information and compel any person to furnish any information within his knowledge in connection with the death in the locality, within which such person resides.
5. Thus, if at all the petitioner is able to provide affidavits from persons of repute from the locality that the petitioner's husband's death was made known upon the halting of the moving vehicle / ambulance in the territorial limits of Virudhunagar Municipality, the respondent cannot decline to register the death.
6. Accordingly, this writ petition is allowed with the following directions:
(i) The writ petitioner shall resubmit the application in the prescribed format provided by the 2nd respondent Municipality within a period of four weeks from the date of receipt of a copy of this order along with two solemn notarized affidavits given by respectable persons of the locality confirming that the petitioner's husband Mr.Karuppasamy on his arrival through a moving vehicle / ambulance was found dead at the first
WP(MD) No. 31991 of 2026 place of halt namely Virudhunagar Municipal limits.
(ii) On receipt of such application, the 2nd respondent Municipality is hereby directed to consider the same and register the death of the petitioner's husband Mr.Karuppasamy in the register maintained by them and issue necessary death certificate.
(iii) The above exercise shall be completed within a period of eight
(8) weeks from the date of receipt of an application from the petitioner. No costs. 11-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gbg To
1. The District Collector Virudhunagar Virudhunagar DistrictVirudhunagar
2. The Commissioner Virudhunagar Municipality Virudhunagar Virudhunagar District
3. The Tahsildar Virudhunagar Taluk Virudhunagar District
WP(MD) No. 31991 of 2026 N.DILIP KUMAR, J. gbg WP(MD) No. 31991 of 2026 11-11-2026