JUDGMENT :

Shaji P. Chaly, J.

The second petitioner in W.P.(C) No. 12086 of 2021 has filed this appeal challenging the judgment of the learned single Judge dated 02.11.2021 dismissing the writ petition along with W.P.(C) No. 4159 of 2021 holding that the appellant is not entitled to the following reliefs sought for in the writ petition :

(1) To issue a writ of mandamus or any other appropriate writ or order directing respondents to issue death certificate of Sri. K.T. Augustine to the petitioners considering the date of death as 24.07.2003.

(2) Call for records leading to Ext. P7 reply and set aside the same.

2. In fact, W.A. No. 1727 of 2021 filed by the petitioner in W.P.(C) No. 4159 of 2021 was dismissed by this Court on 2nd February, 2022 upholding the judgment of the learned single Judge.

3. Material contentions raised in the instant appeal and the appeal dismissed by us as specified above are materially one and the same, except the fact that the appellant in W.A. No. 1727 of 2021 had filed a suit, O.S. No. 298 of 2014, before a competent civil court to declare the civil death of his father Sri. P.I. George and the same was declined by the trial court. However, the trial court ordered partition of the entire property by and between the legal heirs of Sri. P.I. George.

4. According to the appellant, Sri. Augustine, his father, has been missing from 24.07.2003. Even Though on the basis of a statement, on 26.07.2003, the Thoppumpady police registered a crime under the caption 'man missing' and an FIR was lodged before the Judicial First Class Magistrate-II, Kochi, the whereabouts could not be found out by the police; and though a news item was published in the Malayala Manorama daily on 10.07.2007 under the caption 'man missing' with the photograph of Sri. Augustine, there is no response.

5. Anyhow, after conducting investigation, the police filed a final report dated 31.10.2003 in the court stating that since the whereabout of Sri. Augustine could not be traced out, the case may be closed as undetected.

6. It is the further case of the appellant that a learned single Judge, by Ext. P5 judgment dated 08.10.2012 directed to process the claim for reimbursement of amounts under the LIC policy bearing No. 773248142 taken by Sri. K.T. Augustine and to disburse the eligible amount to the appellant and Smt. Gracy Augustine, W/o. Augustine, within a period of two months from the date of receipt of a copy of the judgment.

7. Later, it appears, as per Ext. P6 order dated 12.12.2012 in I.A. No. 16278 of 2012 in W.P.(C) No. 19824 of 2012, an order was passed clarifying that since in the First Information Report, the date mentioned is 24.07.2003 and in Ext. P3 also, the said date is mentioned in the body, for drawing the presumption, the said date can be adopted. Anyhow, the issue starts when Ext. P7 application dated 23.01.2016, was submitted by the appellant and late Gracy Augustine for a death certificate of Sri. Augustine before the Chief Registrar (Births and Deaths) i.e., the Panchayat Addl. Director, Thiruvananthapuram, the second respondent, along with necessary documents and a copy of Ext. P5 judgment in W.P.(C) No. 19824 of 2012; and Ext. P8 representation dated 27.02.2020 submitted to the Corporation of Kochi, the first respondent.

8. But, fact remains, the Registrar of Births and Deaths, Kochi Corporation, respondent No.3 issued Ext. P9 communication dated 06.03.2020 stating that the application of the appellant would be processed only after getting clarification from the Chief Registrar, since there is no specific direction to the Registrar of Births and Deaths to register the death of late Augustine in Ext. P5 judgment and further that the Corporation was not a party to the case. It is, thus, aggrieved by Ext. P9 and the inaction on the part of the Chief Registrar, the writ petition was filed.

9. The learned single Judge, after an elaborate consideration of the matter and taking into account the legal circumstances contained under the