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1999 Supreme(Cal) 249

P.K.Samanta
Bula Sen – Appellant
Versus
Commissioners of Uttarpara Kotrung Municipality – Respondent


Advocates:
Advocate Appeared:
Krishanu Banik, B.R. Patranabish, Amar Mitra for the State;
B.R. Ghosal, Dipak Kr. Mukherjee for the respondent No. 2.

JUDGMENT

P.K. Samanta, J.

Heard the learned Advocates for the respective parties.

2. The grievance of the writ petitioner, the wife of the deceased Uday Kumar Sen is that though she applied for a death certificate of her husband before the respondent Municipality but the same has not yet been supplied to her. Mr. B.R. Ghosal, learned Senior Advocate appearing on behalf of the respondent Municipality produced a letter dated 29.4.99 written by the Vice-Chairman of the respondent Municipality to the learned Advocate for the writ petitioner. In the said letter it was disclosed that since both the mother and the wife of the deceased have applied for the self same death certificate, so the same would be supplied only to the person who would be able to produce court's order in her favour for such a death certificate. Mr. Ghosal at the same time fairly conceded upon reference to section 363 of the West Bengal Municipal Act, 1993 that the respondent Municipality is under obligation to supply, on an application, in such form a death certificate on payment of such fees as may be prescribed to the person who applies for the same without making any choice as to the person to whom it should be supp








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