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2026 Supreme(Online)(Mad) 35524

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Dhandapani, J
M.Sivakumar – Appellant
Versus
District Collector – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: Ms.V.Balachandra Maree
For the Respondents: Mr. A. Selvendran Spl. Govt. Pleader

Mandamus issued for time-bound consideration of delayed death certificate registration application.

Headnote:The petitioner sought a writ of mandamus under Article 226 of the Constitution directing issuance of a death certificate for his father who died on 30.07.2017. Due to ignorance, death registration was not done within 21 days as required under the Registration of Births and Deaths Act, 1969 and Tamil Nadu Registration of Births and Deaths Rules, 2000. A representation dated 17.03.2020 was submitted with fees, but no action was taken. Court found the representation pending without merits adjudication. Issue framed: direction for consideration of delayed death certificate application. Ratio: limited scope warrants mandamus for disposal within time frame without merits opinion, per respondents' undertaking to act in accordance with law (paras 3-5). Writ petition disposed directing 3rd respondent to consider representation and pass orders within eight weeks.

Table of Content
1. petition for delayed death certificate issuance. (Para 2)
2. parties seek time-bound representation disposal. (Para 3 , 4)
3. mandamus for consideration within eight weeks. (Para 5 , 6)

ORDER

The present writ petition has been filed seeking a direction to the 3rd respondent to consider the petitioner’s representation dated 17.03.2020 seeking for issuance of death certificate.

2. The case of the petitioner is that the petitioner’s father died on

30.07.2017. Due to ignorance, he failed to register the death of his father, within the stipulated time of 21 days as per the Registration of Births and Deaths Act, 1969 and the Tamil Nadu Registration of Births and deaths Rules, 2000. Thereafter, he submitted a representation to the respondents in the year for issuance of death certificate and also paid the requisite fees. However, till date, no orders have been passed on the said representation dated 17.03.2020. It is the grievance of the petitioner that the 4th respondent refused to receive the petitioner’s representation. Hence, this writ petition with the aforesaid prayer.

3. Learned counsel for the petitioner submitted that despite lapse of considerable time, the petitioner’s representation dated 17.03.2020 has not been considered and seeks a direction for disposal of the same within a time frame. It is his argument that the 4th respondent refused to receive the petitioner’s representation and prayed for issuance of appropriate directions in the above regard.

4. Learned Special Government Pleader appearing for the respondents submitted that the representation of the petitioner will be considered in accordance with law.

5. Considering the limited scope of the prayer, without expressing any opinion on the merits of the case, this Court directs the 3rd respondent to consider the petitioner’s representation for issuance of death certificate and pass appropriate orders, in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above directions, the writ petition stands disposed of. No costs.

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