IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8448 of 2009(A)
1. K.SATHYAN, "OM NIVAS", H.NO.92,
... Petitioner
Vs
1. THE SECRETARY, AZHIYOOR GRAMA PANCHAYATH
... Respondent
2. THE VILLAGE OFFICER, AZHIYOOR VILLAGE,
3. THE REVENUE DIVISIONAL OFFICER,
4. THE REGISTRAR OF BIRTH AND DEATHS,
5. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.CIBI THOMAS
For Respondent :SRI.R.PARTHASARATHY
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :05/11/2009
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).No.8448 OF 2009
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Dated this the 5th day of November, 2009
J U D G M E N T
~~~~~~~~~~~~~
The petitioner’s wife, going by the materials on record,
committed suicide . The police were aware of that and occurrence
report was recorded. It appears that the Sub Inspector of Police
failed to inform the Registrar of Birth and Death regarding that death.
Later, when the petitioner applied for issuance of death certificate,
the Registrar took the stand that the death of his wife is not
registered and because there is delay in registering, the procedure
under Section 13(3) of the Registration of Birth and Death Act, 1969,
has to be followed on payment of the prescribed fee. Going by
Exts.P1,P2 and P3, the S.I. of police, quite candidly, states that there
was omission on the part of the police authorities to report the death
to the registering authority. The statute in hand enjoins duty on
different officers, to report the death to the register of births and
deaths when such death is within their official knowledge. This is
how Section 10 and other provisions of Act have to be understood
and construed having regard to the object sought to be achieved by
W.P.(C) No.8448/2009
2
that piece of legislation. Therefore, all that is required at this point of
time is a modification of the interim order issued on 1.6.2009
directing issuance of death certificate by recording the death of the
wife of the petitioner. If orders of the Magistrate is required in terms
of Section 13(3) that shall also be got issued by the officials without
insisting on fee being paid by the petitioner since the police had
failed to report the death. The RDO shall forthwith decide on the
application and intimate its decision to the concerned Panchayat
authority to register the death of the wife of the petitioner. This shall
be done within a period of three weeks unless already done.
The Writ Petition is ordered accordingly.
THOTTATHIL B.RADHAKRISHNAN,
Judge
ps
