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 supplied. Mr. Ghosal accordingly requested this court to make a determination in this regard, so that no further problem may arise in future. Section 363 of the said Act reads as under:-

Registration of births and deaths:-Subject to the provisions of the Registration of Births and Deaths Act, 1969 (18 of 1969), the Board of Councillors shall cause a register to be maintained wherein the births and deaths taking place within the municipal area shall be entered and extracts of information therefrom shall be supplied, on application, in such form of a certificate and on payment of such fees as may be prescribed.

3. Upon bare perusal of the above section it does not appear that the same stipulates any criteria for making an application for birth and or death certificate by a particular person or a particular relative. Nor does the same authorises the Municipality to make a choice between the applicants to whom it should be supplied.

4. The Register of Births and Deaths being in the nature of a public document, the Municipalities/Municipal Corporations are under obligation to supply certified copies of it's extract to the applicants whoever will apply for the same upon payment of requisite fees and costs, as the case may be, without making any enquiry as to the entitlement to the same or the relationship of the applicant with the deceased.

5. This writ petition is accordingly disposed by directing the respondent Municipality to supply and/or deliver the death certificate of late Uday Kumar Sen both to the writ petitioner and the mother of the deceased within a period of fortnight from the date of communication of this order provided the necessary fees in this regard are paid by them. In the event, if it appears that such necessary fees have not been paid by them, then the respondent Municipality will intimate the same to the applicants and upon payment of such fees the death certificate shall be supplied to the applicants within a period of fortnight from the date of receipt of the fees.

6. If urgent xerox certified copy of this order is applied for by the parties, the same should be given as expeditiously as possible.

Writ petition is accordingly disposed.