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2024 Supreme(Online)(MAD) 16035
HIGH COURT OF MADRAS
N. SATHISH KUMAR, J
MRS.PADMAJA PRAKASH – Appellant
Versus
GOVERNMENT OF TAMIL NADU – Respondent
The court affirmed the necessity of a government order for the issuance of certified copies of documents damaged in disasters, ensuring adherence to procedural norms.
Headnote:
Mandamus - Writ Petition - Article 226 - Certified Copies - The court considered the petitioner’s request for certified copies of damaged property documents in the context of Article 226 of the Constitution of India and past government orders addressing similar flood-related issues.
Fact of the Case:
The petitioner sought a writ of mandamus to compel respondents to recognize damaged property documents due to a flood caused by cyclone Michaung. The petitioner argued that past precedent allowed for certified copies to be issued in lieu of damaged originals.
Issues: The main issue was whether the court could mandate the issuance of certified copies of documents damaged in a flood without a corresponding government directive.
Ratio Decidendi: The court held it could not order the issuance of certified documents solely based on the petitioner's request in the absence of a government directive similar to that issued in the past.
Final Decision: The writ petition was disposed of with directions for authorities to act based on certified copies produced alongside originals.
ORDER
This writ petition has been filed seeking a writ in the nature of mandamus, directing the respondents to consider the representation of the petitioner dated 25.05.2024 and certify that the copies of the property documents and other personal documents issued by the public authorities may be treated as if they are originals as the originals were damaged in the flood during the cyclone Michaung that hit Chennai City and neighbouring three districts affixing the original document stamp or seal in the place of the originals, which were damaged when they were kept in the safety locker at the th
11 respondent institution due to the inundation of flood water.
2. The case of the petitioner in brief, as culled out from the averments made in the writ petition, is that she is a resident of Indira Nagar, Adayar, Chennai; she rented a locker facility at Sakthi financial services and kept her gold jewellery and other valuable articles in safe custody at the locker: she used to operate the locker facility depending upon necessity; during December 2023, a Michaung cyclone hit Chennai city and its suburbs; houses of citizensand their properties were flooded due to heavy rain fall; property documents and several other documents issued by central and state government authorities were soaked in the flood waters; in the calamity the office of the 11th respondent institution and safety lockers in which valuables and property documents were under the safe custody also flooded resulting in the documents were all soaked in the flood waters, and the documents were either smudged, th faded or become unreadable. The 11 respondent by its letter dated 30.12.2023 certified the fact that property documents kept in the locker have all got damaged due to flood during cyclone Michaung.
3. The following are the details of the documents relating to various immovable properties situate at different areas in the State and personal document (death certificate) which have got damaged in the flood during cyclone Michaung in Chennai:-
| Sl.No. | Nature of Documents (Original/Certified Copy) | Pertaining to immovable property situate at |
| 1 | Original Sale Deed dated 09.04.1979 vide Doc.No.527 of 1979 | T.Nagar, Chennai |
| 2 | Original Release Deed dated 04.01.1979 vide Doc.No.13 of 1979 | T.Nagar, Chennai |
| 3 | Carbon Copy of Will executed by the mother- in-law of the petitioner dated 11.12.1995 vide Doc.No.3230 of 1995 with original Seal of the Sub Registrar | T.Nagar, Chennai |
| 4 | Original Settlement Deed dated 27.12.2021 vide Doc.No.3230 of 2021 | Salem |
| 5 | Certified copy of partition deed dated 27.12.2021 vide Doc.No.3075 of 1940 | Salem |
| 6 | Certified copy of sale deed dated 12.09.1947 vide Doc.No.620 of 1948 | Salem |
| 7 | Original Will dated 13.07.1983 executed by the father-in-law of the petitioner vide Doc.No.37 of 1983 | Salem |
| 8 | Original Sale Deed dated 23.12.1972 vide Doc.No.3472 of 1972 | Kottivakkam, Chennai |
| 9 | Original Sale Deed dated 22.06.1964 vide Doc.No.1947 of 1964 | Kottivakkam, Chennai |
| 10 | Original Sale Deed dated 10.11.2008 vide Doc.No.6183 of 2008 | Nayapakkam, Tiruvallur |
| 11 | Power of Attorney Deed dated 17.10.2007 vide Doc.No.2185 of 2007 | Nayapakkam, Tiruvallur |
| 12 | Extract of Death Certificate of Sikamani Certificate dated 26.12.1986 | Salem |
4. According to the petitioner, in a similar situation during 2015, the Government of Tamil Nadu issued a government order directing the authorities concerned to issue certified copies in lieu of the originals that were damaged in the flood. In those circumstances, she made a representation to the official respondents on 25.05.2024 requesting to issue certified copies of the deeds and th documents in lieu of damaged original documents. The 10 respondent, by letter dated 10.06.2024 in Na.Ka.No.219/2024 issued a reply stating that if the government or the registration department issue any order to issue certified copies of deeds / documents in lieu of damaged originals due to flooding during Cyclone Michaung, they will
