The grievance of the petitioner a widow in this writ petition appears to be genuine. Her grievance is that the respondent (Secretary of the Paippadu Grama Panchayat) who is registrar of births and deaths has declined under Ext. P4 to register the death of her husband late Jose Das T. V. under the Registration of Births and Deaths Act, 1969, on the ground that the death occurred outside his jurisdictional limits viz. the area of Paippadu Grama Panchayat. The petitioner submits that her husband Sri. Jose Das died in Madurai in Tamil Nadu, but the dead body was brought over to Paippadu, his village and was buried at the Cemetry of St. Thomas Church, Paippadu his parish Church Ext. P3 Certificate issued by the Vicar of the Church is relied on by the petitioner in this regard. Ext. P3 was submitted by the petitioner before the respondent along with an application for issuance of a Death Certificate in respect of Sri. Jose Das. But that application was rejected under Ext. P4 on the reason already stated. The petitioner has filed this writ petition challenging Ext. P4 raising various grounds. The relief sought for is a writ of mandamus directing the respondent to register the death of the petitioner's husband Sri. Jose Das. T. V.

2. A counter affidavit has been filed by the respondent, wherein quoting Section 7(2) of the Registration of Births and Deaths Act, 1969, it is contended that the respondent is not competent in terms of that Section to register the death which occurred outside the limits of the Panchayat-the Registration Unit.

3. I have heard the submissions of Sri. Liji, J. Vadakedom, learned counsel for the petitioner and Sri. V. Premchand, the learned Standing Counsel for the Panchayat. My attention was drawn by the learned counsel in their submissions to Section 7(2) and the Section 8(e) of the Registration of Births and Deaths Act and other statutory provision Sections 7(2) and 8 of the Registration of Births and Deaths Act. 1969 are quoted below:

7(1) -

"7(2). Every Registrar shall, without fee or reward, enter in the register maintained for the purpose all information given to him under Section 8 or Section 9 and shall also take steps to inform himself carefully of every birth and of every death which take place it'1 his jurisdiction and ascertain and register the particulars required to be registered."

Section 8 : Persons required to register births and deaths :- (1) It shall be the duty of the persons specified below to give or cause to be given either orally or in writing according to the best of their knowledge and belief within such time as may be prescribed, information to the Registrar of the several particulars required to be entered in the forms prescribed by the State Government under sub-section (1) of Section 16.

(a) to (d) omitted being not relevant.

(e) in respect of any new-born child or dead body found deserted in a public place, the headman or other corresponding officer of the village in the case of a village and the officer in charge of the local police station elsewhere :

Provided that any person who finds such child or dead body or in whose charge such child or dead body may be placed, shall notify such fact to the headman or officer aforesaid;

4. Section 9 contains special provisions regarding the Births and Deaths in a plantation and under that Section the Superintendent of the plantation shall give or cause to be given to the Registrar the information referred to in Section 8.

5. Section 10 is also relevant and under that section it shall be the duty of the midwives or other medical or health attendants at a birth or death to notify every birth or death or both at which he or she attended or was present or which occurred in such areas as may be prescribed, to the Registrar within such time and in such manner as may be prescribed. A similar duty is cast on keepers or the owners of a place set apart for the disposal of-dead bodies or any person required by a local authority to be present at such p