J U D G M E N T

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The petitioner is before this Court seeking to direct the 3rd respondent to consider Ext.P3 application and to correct the year of death of petitioner's husband in Ext.P2 Legal Heirs Certificate as 2019, within such time as may be prescribed by this Court.

2. The petitioner submits that she is a resident in Ernadu Taluk in Malappuram and is a widow and legal heir of late Mohammed Thacharamban.

3. The petitioner's husband passed away on

27.3.2019 at Jeddah, Saudi Arabia. In order to claim death compensation, the petitioner applied for Legal Heir Certificate from the 3rd respondent. Accordingly, a Legal Heir Certificate was issued. Unfortunately, the year of death of the petitioner's husband was shown as 2015 in the Legal Heir Certificate, instead of 2019 which is the correct year of death.

4. When the mistake was noted, the petitioner approached the third respondent again and requested for correction of the error crept in the Legal Heir Certificate. The 3rd respondent, however, took a stand that the Legal Heir Certificate once issued cannot be corrected. Hence the petitioner is before this Court.

5. The learned counsel for the petitioner would contend that this Court in Secretary, Registrar of Birth and Deaths Vs. Thomas Jacob and Others (2011 (3) KLT 461) has held that registration of Birth and Death Act only regulates the process and procedure of registration of births, deaths and correction of any entities and that corrections can be made in the certificates of birth and death. A similar view should be taken in respect of the Legal Heir Certificate also.

6. The learned Senior Government Pleader submitted that the Legal Heir Certificate is being issued after a publication in the official gazette. The mistake if any crept in the date of death of the deceased, is solely due to the error committed by the petitioner in the application. The Legal Heir Certificate was issued as there was no objection as regards any entry made in the application. Therefore, the petitioner cannot seek to correct the Legal Heir Certificate.

7. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.

8. The fact remains that the year of death of the petitioner's late husband has been entered erroneously in the Legal Heir Certificate. Ext.P1 certificate/document issued by the Consulate General of India, Saudi Arabia would also evidence that the year of death of petitioner's husband is 2019. It is true, as contended by the respondents that the Legal Heir Certificate has been issued after a due publication in the official gazette. However, it is to be noted that there is no provisions for filing appeal/revision or review under any statutes to make correction in in the Legal Heir Certificate.

9. Taking into consideration the fact that the petitioner is only seeking to correct the year of death of the deceased husband of petitioner and since there is reliable evidence by way of authentic documents to show that the year of death of the petitioner's husband is 2019, this Court is of the considered view that the day of death of diseased Mohammed Thacharamban shall be corrected appropriately.

In the circumstances, taking into consideration, the peculiar facts of this case, the writ petition is disposed of directing the 4th respondent to effect corrections in the Legal Heir Certificate in respect of deceased Mohammed Thacharamban as required by the petitioner in accordance to law.

Sd/-

N. NAGARESH, JUDGE al/-.

APPENDIX OF WP(C) 24961/2021 PETITIONER EXHIBITS Exhibit P1 A TRUE COY OF THE DEATH CERTIFICATE OF THE PETITIONER'S HUSBAND LATE MOHAMMED THACHARAMBAN CONSULATE GENERAL OF INDIA, SAUDI ARABIA DATED

3.4.2019.

Exhibit P2 A TRUE COPY OF THE LEGAL HEIR SHIP CERTIFICATE ISSUED BY THE 3RD RESPONDENT.

Exhibit P3 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S SON BEFORE THE 3RD RESPONDENT DATED

26.10.2021.