1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:24.08.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.8797 of 2011 P.Asanammal .. Petitioner Vs. The Municipal Commissioner, Puliangudi, Sivagiri Taluk, Tirunelveli District. .. Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned letter, dated 23.02.2011 passed by the respondent and quash the same and consequently direct the respondent to register the death of the petitioner's husband who expired on 23.09.2006 and issue the death certificate within a time frame that may be fixed by this Court. For Petitioner : Mr.S.Manoharan For Respondent : Mr.V.Pandi O R D E R This Writ Petition has been filed to quash the letter of the respondent, dated 23.02.2011 and to direct the respondent to register the death of the petitioner's husband who expired on 23.09.2006 and to issue death certificate, within a stipulated time. 2. Heard Mr.S.Manoharan, learned counsel for the petitioner and Mr.V.Pandi learned counsel, who takes notice for the respondent. 3. By consent, the Writ Petition itself is taken up for final hearing. 4. The matter is before this Court at the instance of the Taluk Legal Services Committee, Sivagiri. The petitioner is the wife of one Pandi of No.74, Ambedkar 6th Street, Chinthamani, Puliyangudi, Sivagiri Taluk, Tirunelveli District. 5. According to the petitioner, her husband died on 23.09.2006 at their residence at the above said address due to heart attack and his body was cremated in the same village in the presence of village headmen whose name have been set out in Paragraph No.2 of the affidavit filed in support of this Writ Petition. https://hcservices.ecourts.gov.in/hcservices/ 2 6. The petitioner states that the death of her husband was informed to the Municipality. Since the death certificate was not given, the petitioner has given representation through the Taluk Legal Services Committee, Sivagiri in L.A.P.No.01/LA/2011 and the Legal Services Committee sent a notice to the respondent-Municipal Commissioner for hearing. According to the petitioner, the respondent did not appear before the Legal Services Committee. On the contrary, the impugned proceedings has been passed by the Municipal Commissioner on 23.02.2011 and was sent to the Taluk Legal Services Committee stating that the staff of the Municipality enquired in the village and found that the said Pandi died in Kerala and therefore for the person who died in Kerala, death certificate cannot be issued at Puliyangudi. 7. The contention of the petitioner is that several village people are there to testify that the said Pandi died in Puliyangudi in his residence and he was cremated at the said place and the allegation that the said Pandi died in Kerala is without basis and the so-called complaint given by one Mottaiyan, S/o.Paramasivam, is not a proper person to state about the issue. 8. The petitioner supports her plea with the letter given by the community members of the Puliyangudi Municipality, which would clearly shows that the said Pandi died at his residence due to heart attack. 9. In view of the statement made by the elder members of the Puliyangudi Municipality from the same community, the respondent authority is directed to reconsider the issue after proper enquiry with the elder members of the Puliyangudi Municipality from the same community and thereafter decide the issue, as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order. The respondent shall seek assistance of the police for the purpose of enquiry. 10. With the above direction, the Writ Petition is disposed of. No Costs. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To The Municipal Commissioner, Puliangudi, Sivagiri Taluk, Tirunelveli District. +1 CC to Mr.S.Manoharan, Advocate (SR.No.28995) W.P.(MD)No.8797 of 2011 24.08.2011 pm NSV/12.9.11/2P/3C https://hcservices.ecourts.gov.in/hcservices/