Sreedevi Amma vs State Of Kerala
2023 Latest Caselaw 8882 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                   WP(C) NO. 20343 OF 2023
PETITIONER/S:

          SREEDEVI AMMA, AGED 61 YEARS
          W/O LATE THULASEEDHARAN PILLAI, KOCHUPURACKAL
          VEEDU, THEKKUMCHERI MURI, THAZHAM, PAVITHRESWARAM
          VILLAGE, KOTTARAKARA, PIN - 691507
          BY ADV A.R.DILEEP
RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
          LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
    2     CHIEF REGISTRAR OF BIRTHS & DEATH/DIRECTOR OF
          PANCHAYATH
          OFFICE OF THE DIRECTOR OF PANCHAYATH, VIKAS
          BHAVAN P.O., THIRUVANANTHAPURAM, PIN - 695033
    3     DISTRICT REGISTRAR/DEPUTY DIRECTOR OF PANCHAYATH
          OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYATH,
          CIVIL STATION, KOLLAM, PIN - 691013
    4     REGISTRAR OF BIRTH & DEATH/SECRETARY
          PAVITHRESWRAM GRAMA PANCHAYATH, PAVITHRESWARAM,
          KOLLAM DISTRICT, PIN - 691507
    5     PAVITHRESWRAM GRAMA PANCHAYATH
          OFFICE OF PAVITHRESWRAM GRAMA PANCHAYATH,
          PAVITHRESWARAM, KOLLAM DISTRICT, REPRESENTED BY
          ITS SECRETARY, PIN - 691507
OTHER PRESENT:

          SMT. VIDYA KURIAKOSE, GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 20343 of 2023



                              P.V.KUNHIKRISHNAN, J.
                             ======================================================

                               W.P.(C) No. 20343 of 2023
                         =============================================================

                      Dated this the 14th day of August, 2023

                                           JUDGMENT

The above writ petition is filed with following prayers:

"i. declare that the petitioner is entitled to get the death of her husband Shri. Thulaseedharan Pillai, S/o Govinda Pillai, Kochupurakkal Veedu, Thekkumcheri Muri, Pavithreswaram Village as declared in decree and judgment dated 19.07.2021 in O.S.No. 561/20 on the file of the Munsiff's Court, Kottarakara registered by the 4th respondent and is also entitled for a Death Certificate on such registration;

ii. direct the 4th respondent to register the death of the husband of the petitioner Shri. Thulaseedharan Pillai, S/o Govinda Pillai, Kochupurakkal Veedu, Thekkumcheri Muri, Pavithreswaram Village as declared in decree and judgment dated 19.07.2021 in O.S.No. 561/20 on the file of the Munsiff's Court, Kottarakara and to issue a Death Certificate to that effect;

iii. direct the 4th respondent to act upon Ext.P3 application based on Exts.P1, P2 and P6 as expeditiously as possible, or within such time as may be fixed by this Honourable Court.

iv. the petitioner also prays that this Honourable Court may be pleased to dispense with the translation of the documents produced in the vernacular language;

W.P.(C). No. 20343 of 2023

v. issue any other appropriate direction or order as may be deemed necessary in the facts and circumstances of the case." (sic)

2. The petitioner is the widow of Late Thulaseedharan Pillai.

According to the petitioner, his whereabouts were not known to

anybody after 1992. The petitioner was denied a man missing

certificate from the Sub Divisional Magistrate and hence, the

petitioner approach the Munsiff Court, Kottarakara and obtained

Exts.P1 and P2 decree and judgment declaring the death of her

husband. Thereafter, the petitioner submitted application before the

4th respondent for registration of his death and for a death certificate.

The same is also not considered is the grievance. According to the

petitioner, as per Ext.P6 circular the 4 th respondent is bound to take

appropriate steps in the light of Exts.P1 and P2.

3. Heard the counsel for the petitioner and the Government

Pleader.

4. Even though notice is issued to respondents 4 and 5, there

is no appearance. If that be so, there can be a direction to the 4 th

W.P.(C). No. 20343 of 2023

respondent to consider Ext.P3 application, in the light of Exts.P1, P2

and P6 and pass appropriate orders in it, within a time frame.

Therefore, this writ petition is disposed of in the following

manner:

1. The 4th respondent is directed to consider Ext.P3 application and take appropriate steps in it, in the light of Exts.P1, P2 and P6, as expeditiously as possible, at any rate within three weeks from the date of receipt of a certified copy of this judgment.

2. The petitioner will produce a stamped certified copy of this judgment together with a copy of this writ petition before the 4th respondent for compliance.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 20343 of 2023

APPENDIX OF WP(C) 20343/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF DECREE DATED 19.07.2021 IN O.S.NO. 561 OF 2020 ON THE FILE OF THE MUNSIFF'S COURT, KOTTARAKARA Exhibit P2 A TRUE COPY OF JUDGMENT DATED 19.07.2021 IN O.S.NO. 561 OF 2020 ON THE FILE OF THE MUNSIFF'S COURT, KOTTARAKARA Exhibit P3 A TRUE COPY OF THE APPLICATION DATED 17.02.2023 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT Exhibit P4 A TRUE COPY OF ACKNOWLEDGEMENT CARD EVIDENCING THE RECEIPT OF THE SAME BY THE 4TH RESPONDENT Exhibit P5 A TRUE COPY OF REPLY GIVEN FROM THE OFFICE OF THE 4TH RESPONDENT ALONG WITH THE APPLICATION UNDER THE RIGHT TO INFORMATION ACT, 2005 Exhibit P6 A TRUE COPY OF THE RELEVANT PAGES OF CIRCULAR NO. B1 - 15343/2017 DATED 10.05.2017 OF THE 2ND RESPONDENT