1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2011 CORAM: THE HONOURABLE MR. JUSTICE S.TAMILVANAN Crl.R.C.(MD)No.922 of 2011 K.R.Srinivasan ... Petitioner Vs. The Commissioner, Trichirapalli City Corporation, Trichirapalli. ... Respondent Prayer: The Criminal Revision case filed under Section 397 r/w 401 of Cr.P.C., against the judgment passed by the learned Judicial Magistrate No.VI, Trichirapalli in C.M.P.No.3244 of 2008 dated 10.11.2011 filed by the petitioner under Section 13(3) of Birth and Deaths Registration Act, 1969 r/w 10(3) of Birth and Deaths Registration Act of Tamil Nadu Rules, 1977. For Petitioner : Mr.C.Vekeeswaran For Respondent : Mr.A.P.Balasubramani, G.A.(Crl.side) ORDER Heard the learned counsel appearing for the petitioner as well as the learned Government Advocate (Crl.side) appearing for the respondent. 2.The Criminal Revision Petition has been filed under Section 397 r/w 401 of Cr.P.C., challenging the order dated 10.11.2011 in C.M.P.No.3244 of 2008 on the file of the Judicial Magistrate No.VI, Trichirapalli. 3.It is seen that the petitioner herein had approached the court below by way of filing a petition under Section 13(3) read with Section 10(3) of Birth and Death, Marriage Registration Act, 1969 and the Rules thereunder to enter the date of death of his father Ramasamy Ambalakkaran in the Register stating that he died on 10.12.1991. However, the court below by the impugned order dismissed the petition, filed by the petitioner. 4.Learned counsel appearing for the petitioner drew the attention of this Court to the evidence of the Probation Officer P.W.2, who has deposed that on enquiry, he had found that the date of death of the father of the petitioner was 10.12.1991. However, a Sanitary Inspector, who was examined as P.W.4 has stated in his evidence that the said Ramasamy Ambalakaran died in the month of "Ig;grp" of the said year. However, as contended by the learned counsel appearing for the petitioner the Sanitary Inspector in the last portion of his evidence has stated that the report of the Probation Officer could be considered and therefore, it is quite obvious that the Sanitary Inspector was not certain about the date or the month of the death of the petitioner’s father and further he has deposed that the report of the Probation Officer could be considered. However, the Court below ignoring the evidence of P.Ws.1 to 6 has dismissed the Criminal Miscellaneous Petition filed by the petitioner, for which there is no justifiable reason. https://hcservices.ecourts.gov.in/hcservices/ 2 5.In the said circumstances, learned Government Advocate (Crl.side) appearing for the respondent has no tenable objection for allowing this revision. 6.Hence, to meet ends of justice, I find it reasonable to allow this petition. Accordingly, the petition is allowed and the impugned order passed by the Court below is set aside and the respondent is directed to make entry of the date of the death of the petitioner’s father Ramasamy Ambalakarar who died at 10A, Santhosh Nagar, Airport, Trichy-7 and buried at the Crematory Field opposite to Annai Ashramam School, Kamaraj Nagar, Airport, Trichy in the relevant registers and issue death certificate of Ramasamy Ambalakaran, the father of the petitioner as per procedure. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.VI, Trichirapalli. 2. -DO- Thro The Chief Judicial Magistrate, Trichirapalli. 3.The Commissioner, Trichirapalli City Corporation, Trichirapalli. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Nbj SR : 19.12.2011 : 2p/5c Crl.R.C.(MD)No.922 of 2011 24.11.2011 https://hcservices.ecourts.gov.in/hcservices/