ORDER

This Writ Petition has been filed by the petitioner, seeking for a mandamus on the respondents to consider her representation, dated 06.12.2017 and to correct her husband's date of death as 08.03.2015, in the Legal Heir's Certificate based on the undetectable certificate issued by the Police Authorities i.e., 08.03.2015.

2. The learned counsel appearing for the petitioner submitted that, the petitioner got married to one A.R.Pazhaniappan, in the year 1957. Her husband was working as a Clerk in the Indian Overseas Bank, Avadi Branch/5th respondent. The petitioner's husband was mentally ill for some period from 2006. While so, on 05.11.2007, at 11.00 a.m., the petitioner's husband went to the Bank and signed in the register and left the bank. Thereafter, he has not returned back either to the Bank or to his house. The petitioner put efforts to search and find out her husband, but she was not able to trace him. Therefore, she lodged complaint before the Ambattur Police Station on 10.11.2007, persuant to which, a case in Cr.No.909/2007 was registered. Further, she has also issued pamphlets, dated 05.11.2007, indicating about his missing. Despite the said complaint, the petitioner's husband was not traceable. Therefore, the Police Authorities issued an "Undetectable Certificate" to the petitioner on

08.03.2015.

2.1. The learned counsel appearing for the petitioner further submitted that after the receipt of the Undetectable Certificate from the Police, the petitioner also filed a suit in O.S.No.442 of 2015, on the file of the District Munsif Court, Ambattur, for declaring the death of the petitioner's husband. The learned District Munsif, vide a final judgment and decree, dated 21.01.2016 declared the civil death of the petitioner's husband. Thereafter, the petitioner approached the respondents 1 to 3 to issue the Death Certificate of her husband by attaching the judgment and decree passed in the Civil Suit along with the police complaint, to mention the date of death of her husband as 05.11.2014 instead of 22.09.2015. However, her request was turned down. Aggrieved over to the same, she filed this writ petition seeking appropriate directions.

3. Per contra, Mr.K.M.D.Muhilan, the learned Government Advocate appearing for the 4th respondent/Tahsildar submit that, as per Sections 107 and 108 of the Indian Evidence Act, the date of death of a person will be taken into consideration only from the date on which, the civil suit was filed to declare his/her death and not from the date of expiry of the 7 years period from the date, on which, police complaint given by the petitioner. Therefore, he submit that the petitioner is not entitled to seek for altering the date of death of her husband in the Death Certificate, as a matter of right, and the Death Certificate already issued by the respondents stating date of death as '22.09.2015' is correct, and there is no need for any correction as 05.11.2014. In support of his contention, he referred to the judgment rendered by a Division Bench of this Court in the case of The Managing Director, State Express Transport Corporation Tamil Nadu Limited & ors. Vs. E.Tamilarasi reported in 2016 3 LW 139 and therefore, submitted that as per the ratio laid down therein, this Writ Petition is liable to be dismissed.

4. Heard both sides and perused the materials available on record.

5. The issues that are required to be decided in the present case is i)

whether the date of death of the petitioner's husband, has to be taken into account from the date of expiry of 7 years period from the date on which, complaint was lodged to the police about the missing of her husband or the date, on which, the suit was filed for declaration of husband death after 7 years and ii) whether the two dates, viz., (a) the date, immediately after the expiry of 7 years from the date of lodging the complaint or (b) date of filing of the suit would synchronize?

6. It is an admitted fact that the petitioner informed about the missing o