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2016 Supreme(Mad) 3252
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
T. RAJA, J.
R. Sankarapandi – Petitioner
Versus
The Thoothukudi Municipal Corporation, Rep. by its Commissioner – Respondent
W.P. (MD) No. 10810 of 2016
Decided On : 19-10-2016
For the Petitioner: Mr. G. Prabhu Rajadurai.
For the Respondents: Mr. S. Saji Bino and Mr. R. Anandharaj.
The central legal point established in the judgment is that the Registration of Births and Deaths Act does not restrict the registration of deaths to within the territorial limits of the Registrar, and the refusal to register a death on the ground of territorial jurisdiction is unjust and defeats the purpose of accurate population statistics and national planning.
Headnote:
Registration of Death - Territorial Jurisdiction - Registration of Births and Deaths Act, 1969, Sections 7, 8, 9, 10 - The court directed the first respondent to register the death of the petitioner's wife, S. Jeyasri Selvi, in the register of Births and Deaths maintained by them, within a period of two weeks from the date of receipt of a copy of this order.
Fact of the Case:
The petitioner sought a direction to register the death of his wife, who died outside the territorial jurisdiction of the first respondent. The first respondent refused to register the death on the ground of territorial jurisdiction.
Finding of the Court:
The court found that the refusal to register the death on the ground of territorial jurisdiction was unjust and oppressive, and would defeat the purpose of accurate population statistics and national planning.
Issues: The main issue was whether the first respondent had the duty to register the death of the petitioner's wife, who died outside their territorial jurisdiction.
Ratio Decidendi: The court held that the Registration of Births and Deaths Act does not restrict the registration of deaths to within the territorial limits of the Registrar, and that the refusal to register the death on the ground of territorial jurisdiction was irrelevant and uncalled for.
Final Decision: The court directed the first respondent to register the death of the petitioner's wife within a period of two weeks from the date of receipt of the order.
1. By way of filing this writ petition, the petitioner seeks for a direction to the first respondent/The Commissioner, Thoothukudi Municipal Corporation, Thoothukudi, to register the death of his wife, namely, S. Jeyasri Selvi, aged about 49 years, in the register of Births and Deaths maintained by them.
2. Learned counsel appearing for the petitioner submitted that the petitioner is a native of Thoothukudi and also owns a house at Plot No. 46, Siva Bhavanam, Abirami Nagar, Muthiahpuram Post, Thoothukudi. However, due to his employment with M/s. Baby Marine Eastern Exports, he took a house for rent at Door No. 17/52-19, Bye pass road, Mandapam, Ramnad District. While he was living with his wife in the said house at Ramnad, his wife developed high fever on 02.03.2016 and was treated in a hospital at Mandapam. Thereafter, he took his wife to a hospital at Ramnad, where he was advised to admit his wife for some days for better treatment, however, as there was no relative for him at Ramnad, he took his wife to Thoothudi, his native town. When the petitioner reached his brother's house in Thoothukudi at about 5.30 p.m., his wife was speechless, therefore, he contacted a doctor, who, on attending his wife, informed that she was dead. The said doctor has also issued a death certificate and thereafter, his wife was cremated on 04.03.2016 in the cremation ground maintained by the first respondent/Thoothukudi Municipal Corporation, Thoothukudi.
3. At this juncture, the only contention of the petitioner is that after his wife death, when he presented the application on 08.03.2016 to the first respondent for registration of death, the officials at the first respondent office, after a period of two days, returned the same stating that the death of his wife cannot be registered on the ground territorial jurisdiction as she died at Mandapam, Ramnad District. Therefore, he contended, it is the duty of the first respondent to register the death of his wife under the provisions of the Registration of Births and Deaths Act, 1969 (in short Act), even though she died in Ramnad District, outside the territorial jurisdiction of the first respondent.
4. In support of his submissions, he has also relied upon a judgment of this Court in N. Vedantam v. Executive Officer, Town Panchayat, Perungalathur, Chennai, (2011) 1 MLJ 1278, to contend that the Registrar, while discharging his functions by acting on information on birth or death given under Section 7(2) of the Act, has a statutory duty to register it even if it occurred outside his territorial limits. Therefore, he pleaded, when such is the ratio of this Court, in the case on hand, the denial by the first respondent to reject his wife death on the ground of territorial jurisdiction cannot be sustained. On this score, he prayed for a direction to the first respondent to register the death of his wife in the Births and Deaths Register maintained by them.
5. Per contra, learned counsel appearing for the first respondent by filing a counter affidavit, submitted that on 15.03.2016, the petitioner has given Form-II and Form-4A to the Sanitary Inspector, who is the Registrar of Births and Deaths, Thoothukudi Corporation (South Zone) and thereafter, the said Sanitary Inspector went to the residence of the petitioner as mentioned in Column - 5 of Form-II to enquire the neighbours in and around the residence of the petitioner, wherein it is revealed that the deceased Jeya Sri Selvi was brought to the place as mentioned in column 6(b) of Form- II by 10 p.m. on 03.03.2016 in an Ambulance. It is his further submission that after the enquiry, Form-II and Form-4A submitted by the petitioner were returned to him since the medical certificate of cause of death was not properly given by the persons as per the Act and Rules. Thereafter, the petitioner on 14.05.2016 had sent a registered post enclosing Form-II and Form-4A along with receipt of cremation and reference letter without date and discharge time by the Doc
