Anna Mary K X vs The Registrar Of Birth And Deaths
2023 Latest Caselaw 417 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                    WP(C) NO. 36554 OF 2022
PETITIONER:

         ANNA MARY K X
         AGED 38 YEARS
         W/O. LATE FRANCIES SHAIJU PUTHUSSERY HOUSE,
         ST.ANTONYS ROAD, MARADU ERNAKULAM, KERALA,
         PIN- 682 304.

         BY ADVS.
         JENCY SUSAN JOSE
         JERRY GEEVARGHESE JOSE


RESPONDENTS:

    1    THE REGISTRAR OF BIRTH AND DEATHS,
         MARADU MUNICIPALITY MARADU, ERNAKULAM,
         KERALA, PIN- 682 304.
    2    THE REVENUE DIVISIONAL OFFICER(EXECUTIVE
         ENGINEER),
         FORT KOCHI, ERNAKULAM, PIN- 682 001.

         BY ADV T.R.RAJAN
         SMT.DEEPA NARAYANAN SR GP


     THIS WRIT PETITION       (CIVIL) HAVING COME UP    FOR
ADMISSION ON 11.01.2023,      THE COURT ON THE SAME     DAY
DELIVERED THE FOLLOWING:
 WP(C) No.36554 of 2022

                                  2


                            JUDGMENT

Dated this the 11th day of January, 2023

The petitioner is the wife of late Francise Shyju. The

petitioner submitted an application for registration of the death

of the petitioner's husband. The petitioner's husband passed

away in the year 2019 at Amritsar.

2. The petitioner thereafter submitted Ext.P6

application before the 2nd respondent-Revenue Divisional

Officer seeking to register the death of the petitioner's

husband, invoking the provisions of Section 13(3) of the

Registration of Births and Deaths Act, 1969 and Rule 9(3) of

the Kerala Registration of Births and Deaths Rules, 1999.

3. The Revenue Divisional Officer sought for a Non-

availability Certificate from the Municipal authorities. The

petitioner is before this Court seeking to direct the Municipal

authorities to issue a Non-availability Certificate and for a

further direction to the 2nd respondent-Revenue Divisional WP(C) No.36554 of 2022

Officer to register the death of the petitioner's husband.

4. Standing Counsel for the Municipality entered

appearance and resisted the writ petition filing a counter

affidavit. It is submitted that the Registrar of Births and Deaths

has sent a communication dated 13.12.2022 to the

2nd respondent enclosing Non-availability Certificate dated

13.12.2022 in Form No.10. In Ext.R(1)(a) communication, it

has been stated that the petitioner has not produced any

document to show that the death has not been registered at

the place of death namely, Amritsar Municipal Corporation, in

view of Clause No.3.6 of the Circular No.15343/2017 dated

10.05.2017 issued by the Director of Panchayat. Therefore,

the Revenue Divisional Officer cannot straight away register

the death of the petitioner's husband, contends the Standing

Counsel for the Municipality.

5. After hearing the learned counsel for the petitioner,

the learned Standing Counsel for the Municipality and the

learned Senior Government Pleader representing the WP(C) No.36554 of 2022

2nd respondent, I am of the opinion that these are all matters

to be considered by the Revenue Divisional Officer at the time

of processing the application of the petitioner. Now that the

Municipal authorities have issued Non-availability Certificate,

it is for the Revenue Divisional Officer to consider the

application of the petitioner on merits and pass appropriate

orders thereon in accordance with law.

The writ petition is therefore disposed of directing the

2nd respondent-Revenue Divisional Officer to consider the

application of the petitioner for registration of the death of the

petitioner's husband in the light of the Non-availability

Certificate issued by the 1st respondent-Registrar of Births and

Deaths. An order in this regard shall be passed, within a

period of two months.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.36554 of 2022

APPENDIX OF WP(C) 36554/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE AADHAAR CARD OF THE PETITIONER.

Exhibit P2 THE TRUE COPY OF THE BIRTH CERTIFICATE OF THE DECEASED HUSBAND OF OF THE THE PETITIONER DATED 24.10.1978, ISSUED BY THE CORPORATION OF COCHIN Exhibit P3 THE TRUE COPY OF THE POST MORTEM CERTIFICATE ISSUED BY J.B.M.M. CIVIL HOSPITAL, AMRITSAR.

Exhibit P4          THE TRUE COPY OF THE NO OBJECTION
                    CERTIFICATE    ISSUED   BY    THE   SHO   PS
                    AMRITSAR.
Exhibit P5          THE       TRUE       COPY       OF       THE
                    LETTER/COMMUNICATION     DATED    10.02.2020

ISSUED BY ST. MARY MAGDALENE'S CHURCH. Exhibit P6 THE TRUE COPY OF THE APPLICATION PRODUCED BEFORE THE 2ND RESPONDENT DATED 14.10.2021.

Exhibit P7 THE TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 1ST RESPONDENT DATED 20.06.2022 Exhibit P8 TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT DATED 21.06.2022 Exhibit P9 THE TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 23.08.2022 Exhibit P10 THE TRUE COPY OF JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA REPORTED IN 2008 (1)U KHC 436 RESPONDENT EXHIBITS EXHIBIT R(1) TRUE COPY OF THE COMMUNICATION DATED 13/12/2022 OF THE 1ST RESPONDENT TO THE 2ND RESPONDENT EXHIBIT R(1)(B) TRUE COPY OF THE NON AVAILABILITY CERTIFICATE DATED 13 /12/2022 ISSUED BY THE 1ST RESPONDENT EXHIBIT R(1)(C) TRUE COPY OF THE PAGE NOS 1-3 OF THE CIRCULAR NO 15343/2017 DATED 10/5/2017 ISSUED BY THE DIRECTOR OF PANCHAYATH