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Judgment
Senthilkumar Ramamoorthy, J
The petitioners seek the issuance of a Death Certificate as regards the death of their brother, T.J.Sivanath.
According to the petitioners, their younger brother had travelled to Sathurigiri Malai at Virudhunagar District by a two-wheeler on 15.08.2019. During the course of such journey, it is alleged that he suffered a heart attack and was declared as brought dead by the Government Hospital. Thereafter, the body was buried or cremated at the Thathaneri Mayanam, Madurai on 16. 08.2019. The petitioner alleges that the death has not been duly registered on account of the failure of the second respondent to provide the Accident Report to the fourth respondent.
The petitioners also alleges that their deceased brother died unmarried and that he had assets to which the petitioners intend to make a claim. For such purpose, it is stated that the Death Certificate is required. The present Writ Petition is filed on account of the alleged failure of the respondents to issue the Death Certificate in spite of the representation dated 18.11.2020.
Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of the respondents. He has no objection if the representation is considered and disposed of on merits.
The documents on record include the extract of the Accident Register maintained by the Government Hospital and the receipt issued by the Burial / Cremation Centre. No Doctor Certificate has been enclosed mentioning the cause of death. However, for the purposes of this proceeding, it is not necessary to record a finding in respect thereof. This aspect may have to be considered when the petitioner's representation is dealt with. The legal heirship certificate of the deceased mother of the petitioners contains the name of another brother, T.J.Venkatesh, who should be put on notice.
Subject to the above observations but without going into the merits of the matter, the first respondent herein is directed to consider the petitioner's representation dated 18.11.2020 and dispose of the same by a / reasoned order within a period of ninety (90) days from the date of receipt of a W.P(MD)No.15437 of 2021 copy of this order after providing a reasonable opportunity to the petitioners and any other legal heirs of the deceased.
Accordingly, W.P.(MD).No.15437 of 2021 is disposed of on these terms without any order as to costs.