IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.09.2022 CORAM :

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.22012 of 2022 W.M.P.No.21039 of 2022

1.P.Prakash

2.P.Pradeep ... Petitioners Vs.

1.The Commissioner Greater Chennai Corporation Rippon Building, Chennai – 600 003.

2.Officer in charge of birth & death Greater Chennai Corporation Rippon Building Chennai – 600 003. ...Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus and issue an order of direction, directing the 2^nd respondent to issue due and appropriate death certificate in respect of civil death of the N.Prabhakaran who was missing from 30.10.1990 till date not found inspite the due and proper action being taken by the petitioners.

For Petitioners : M/s.V.Anusha For Respondents : Mr.D.B.R.Prabhu Standing counsel for Chennai Corporation

ORDER

This Writ petition has been filed for a mandamus seeking for a direction to the second respondent to issue Death Certificate for Mr.N.Prabhakaran, the petitioner's father who has been missing from

30.10.1990.

2.The petitioners claim that since their father N.Prabhakaran is found missing from 30.10.1990 onwards and non-traceability certificate has been issued by the concerned Inspector of Police, he is presumed to be dead. The petitioners had also filed a civil suit in O.S.No.4031 of 2002 before the Ist Assistant City Civil Court, Chennai, and the said suit was filed for a declaration to declare that the petitioner's father N.Prabhakaran is presumed dead. The suit was dismissed only on the ground that the declaratory relief sought for by the petitioners is not maintainable. However, categorical finding has been given in the said suit that the petitioners' father N.Prabhakaran is missing from 30.10.1990 onwards and therefore is presumed dead. The petitioners had given a representation to the respondents requesting them to issue Death Certificate for their father N.Prabhakaran disclosing the date of his death as 30.10.1990, the date from which he has been found missing. Since, the representation has not been considered till date, the petitioners has filed this Writ Petition.

3.The learned Standing counsel appearing for the respondents has also not raised any serious objection to the relief sought for in this Writ Petition provided the petitioners submit all the relevant documents before the second respondent.

4.The learned counsel for the petitioners submits that all the relevant documents have been filed along with this Writ Petition. No prejudice will be caused to the petitioners if the petitioners are directed to file the documents which have been filed along with this Writ Petition, before the second respondent, to enable them to get the Death Certificate for their father N.Prabhakaran, who according to the petitioners became untraceable from 30.10.1990 and is presumed to be dead on that date.

5.For the foregoing reasons this Court directs the second respondent to pass final orders on the petitioners' representation dated 26.07.2022 seeking for issuance of Death Certificate for their father N.Prabhakaran who is presumed to be dead on 30.10.1990 within a period of two weeks from the date of receipt of copy of this order.

6.With the aforesaid directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

01.09.2022 ep Index : Yes Speaking order : Yes ABDUL QUDDHOSE.J, ep To

1.The Commissioner Greater Chennai Corporation Rippon Building, Chennai – 600 003.

2.Officer in charge of birth & death Greater Chennai Corporation Rippon Building Chennai – 600 003.

01.09.2022