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2019 Supreme(Ker) 169

N.NAGARESH
Kausalya P. K. – Appellant
Versus
Secretary, Kaiparambu Grama Panchayath Mundoor P. O. , Thrissur – Respondent


Advocates Appeared:
For the Petitioner: Sri. K.R. Avinash (Kunnath), Sri. Abdul Raoof Pallipath, Advs.
For the Respondent: Sri. P.C.Sasidharan, SC, Kaiparambu Grama Panchayath, Smt. Pooja Surendran, Govt. Pleader, Advs.

JUDGMENT :

The writ petitioner aged 74 years, is wife of Sri.Kesavan who passed away 40 years ago on 23.07.1974. The petitioner seeks to direct the 1st respondent-Secretary to Grama Panchayat to consider her application for issuance of non-availability certificate with respect to the registration of death of her husband.

2. The petitioner states that she is residing in Kaiparambu Grama Panchayat and her husband died 40 years ago. He was cremated within the limits of the Kaiparambu Grama Panchayat. However, the death of her husband has not been registered. On receipt of proper advice, she has initiated steps to register the death of her husband. Since the death has not been registered within one year of its occurrence, it can be registered only on an order made by a Magistrate of the First Class or a Presidency Magistrate, after verifying the correctness of the death. For this purpose, the petitioner has applied for a non-availability certificate of registration of death of her husband to the 1st respondent, on 08.01.2015.

3. However, the application submitted by the petitioner has been rejected by the 1st respondent-Secretary to the Grama Panchayat, as per Ext.P1. In Ext.P1, it has be











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