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IN THE HIGH COURT OF MADRAS, (MADURAI BENCH)
G. K. ILANTHIRAIYAN
M. Tharjudeen – Appellant
Versus
District Collector, Ramanathapuram Dist. – Respondent
ORDER :
G.K. Ilanthiraiyan, J.
This Writ Petition has been filed for a direction, directing the third respondent to issue death certificate of the Petitioner’s brother in law Late. Mr.Habeeb Mohammed Sathakathullah to the Petitioner by accepting the certificate issued by the Doctor possessing with BHMS qualification in confirmity with the Registration of Births and Deaths Act, 1969 and by considering the Petitioner’s representation, dated 14.12.2021 within the time stipulated by this Court.
2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3. The Petitioner’s brother passed away on 16.08.2021 due to his illness. His cause of death was confirmed by Dr.Fakrudeen, who is a qualified medical practitioner with BHMS degree awarded by the Tamil Nadu Dr.M.G.R.Medical University, Chennai, who has enrolled as a registered medical practitioner vide Registration No. 58881104. Further he was also enrolled with Homeopathy Medical Registration Certificate vide Registration No.1904.The petitioner submitted the death certificate issued by the said doctor for regisration of his brother’s death. However, so far, the death of the Petitioner’s brother
A registered medical practitioner can issue a death certificate in the prescribed form under the Registration of Births and Deaths Act, 1969, and failure to register must be rectified promptly.
The court emphasized that procedure should yield to the greater cause of justice and not cause injustice.
The Registrar has the power to correct clerical errors in the death certificate without the need for a court order, as provided in Rule 11 of the Karnataka Registration of Birth and Death Rule, 1999.
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