A.THOTTIYAMMAL Vs. DIRECTOR ELEMENTARY SCHOOL OF EDUCATION

JUDGEMENT

(1.) Based on the news item published in "Hindu"? daily, dated 22.01.2019, W.P.(MD)No.1270 of 2019 was taken on file suo motu as a Public Interest Litigation, impleading the District Judge, Ramanathapuram and the District Collector, Ramanathapuram as respondent Nos.1 and 2 and 9 others including the 8th respondent, who is the daughter in law of one Tmt.A.Thottiyammal.

(2.) The prayer in the writ petition in W.P.(MD)No.1270 of 2019 is for issuing a Writ of Mandamus, to direct the Commissioner, Ramanathapuram Municipality, to cancel the death certificate, dated 27.09.2016 indicating that Tmt.A.Thottiyammal died on 21.09.2016 and to direct the District Registrar, Ramanathapuram, to cancel the Inam Settlement Deed, stated to have been executed by Tmt.A.Thottiyammal. The prayer in the writ petition is also to direct the Station House Officer, Kenikarai Police Station, to conduct a fair investigation, pursuant to the complaint registered against Tmt.Meenakshi and others.

(3.) The news item published in "Hindu"? daily was the basis for this Public Interest Litigation. Newspaper reported that Tmt.A.Thottiyammal came to the Collectorate, seeking the intervention of District Collector to take back her property, which according to her was surreptitiously transferred to her son's name, and then taken over by her daughter-in-law and grandchildren after the death of her son. Shockingly, the news paper report would also mention that a Death Certificate has been issued by the Ramanathapuram Municipality, as if Tmt.A.Thottiyammal died on 21.09.2016. We need not go into further details of the news paper report, as this litigation was suo motu taken on file, as the report suggested that the property of Tmt.A.Thottiyammal, has been taken from her on the basis of a settlement deed and a fake death certificate fraudulently obtained.