Back
2026 Supreme(Online)(Mad) 26841
IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
Palaniyammal – Appellant
Versus
The Revenue Divisional Officer, Pudukkottai, Pudukkottai District – Respondent
Writ Petition
For the Appellants/Petitioners: Mr.R.Mohanasundaram
For the Respondents:Mr.G.Senthil Ayyanar, Government Advocate
Authorities can register pre-Act deaths if satisfied with proof like horoscopes, affidavits.
Headnote:The petitioner seeks to quash an order refusing registration of a death that occurred prior to the relevant Act's enforcement and direct issuance of a death certificate for property transactions. The court observed that authorities may register such delayed deaths upon satisfaction with proof like horoscopes, ceremony cards, notices, or affidavits. The impugned order was set aside, remanding for fresh enquiry. The issue framed is whether authorities can register pre-Act deaths with sufficient evidence. The ratio decidendi holds that even for deaths before the Act, registration is permissible if the authority verifies existence and death through documentary proof or affidavits from known persons. Writ petition allowed; matter remanded for enquiry within four months, no costs.
| Table of Content |
|---|
| 1. petition challenges refusal to register ancestor's death for property needs. (Para 1 , 2 , 3) |
| 2. pre-act deaths registrable with sufficient proof like horoscopes, affidavits. (Para 4) |
| 3. order quashed; remanded for fresh enquiry within four months. (Para 5) |
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23-03-2026 CORAM THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Palaniyammal ... Petitioner Vs.
1. The Revenue Divisional Officer, Pudukkottai, Pudukkottai District.
2. The Tahsildar, Thirumayam Taluk, Pudukkottai District.
3. The Birth/Death Registrar, Thirumayam, Pudukkottai District. ... Respondents PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order dated 26.06.2025 in Mu.Mu. 4147/2025/A6 and quash the same as illegal consequently direct the 1st respondent to register the date of death of the petitioners great grandfather namely Raman died on 10.06.1951 and to issue death certificates and pass such further or other orders as this Honble court may deem fit and proper in the circumstances of this case and thus render justice.
For Petitioner : Mr.R.Mohanasundaram For Respondents : Mr.G.Senthil Ayyanar Government Advocate ORDER The present writ petition has been filed for the following relief:-
“Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order dated 26.06.2025 in Mu.Mu. 4147/2025/A6 and quash the same as illegal consequently direct the 1st respondent to register the date of death of the petitioners great grandfather namely Raman died on 10.06.1951 and to issue death certificates and pass such further or other orders as this Honble court may deem fit and proper in the circumstances of this case and thus render justice.”
2. Heard Mr.M.Mohanasundaram, learned counsel appearing for the petitioner and Mr.M.Senthil Ayyanar, learned Government Advocate, takes notice for the respondents.
3. Upon hearing the learned counsel for the petitioner and perusing the material records of the case, the grievance of the petitioner is that he requires the death certificate of his great grandfather for certain property transactions. It is stated that the death of the petitioner's great grandfather was not originally registered, and therefore, the present application has been made.
4. This Court has categorically held in similar matters that even if the death occurred prior to the coming into force of the Act, the authority can consider such applications, provided that the petitioner is able to satisfy the authority regarding the existence of such person and the fact of death by producing proof such as horoscopes, 16th day ceremony cards, notices, or by submitting affidavits from known persons, etc. It is for the authority to be satisfied with the available evidence on record and to consider and register such deaths.
5. In view thereof, the writ petition is allowed on the following terms:-
i. The impugned order dated 26.06.2025 stands set aside and the matter is remanded back to the file of the respondents for fresh enquiry;
ii. It is open to the petitioner to appear before the 1st respondent for enquiry and to produce relevant proof in this regard. Thereafter, it is for the 1st respondent to conduct an enquiry and pass appropriate orders in accordance with law.
iii.The aforesaid exercise shall be completed within a period of four months from the date of receipt of a web copy of this order.
iv. No costs.
