BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.04.2024 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.5558 of 2024 M.Vallinayagam ... Petitioner Vs.

1.The Revenue Divisional Officer, Revenue Divisional Office, Madurai.

2.The Tahsildar, Madurai North Taluk, Collectorate, Madurai.

3.The Commissioner, Madurai Municipal Corporation, Thallakulam, Madurai – 625 002. ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent herein to complete the proceedings in Na.Ka. No.2078/2022 and issue the death certificate of the petitioner's mother Tmt.Gomathiammal wife of R.Meenakshisundaram within a time stimulated by the Court.

For Petitioner : Mr.T.R.Jeyapalam For Respondents : Mr.N.GA.Natraj Government Advocate for R.1 & R.2 Mr.K.K.Kannan Senior Counsel for R.3

ORDER

Heard the learned counsel appearing for the writ petitioner, the learned Government Advocate appearing for the respondents 1 and 2 and the learned Standing Counsel appearing for the third respondent.

2.The writ petitioner is a senior counsel practicing before this Court and other Courts. His mother passed away on 13.12.2015 in his residence. It was a natural demise. The petitioner failed to register her death with Madurai Corporation. As per the provisions set out in the Registration of Births and Deaths Act, 1969 and the Rules framed thereunder, if a death is not registered within one year, then application will have to be submitted before the jurisdictional Revenue Divisional Officer. This entails certain formalities. The applicant must first approach the local body and obtain a certificate to the effect that the death has not been registered on their file. It is interesting to note that as a matter of practice, the local body before issuing the certificate calls for report from the jurisdictional Police as well as the Village Administrative Officer.

3.I am clearly of the view that such an exercise is unwarranted. All that the official of the local body needs to do is to check and verify if the death mentioned by the applicant has been registered on their rolls. Once the search yields the result that it has not been registered, then certificate has to be automatically issued. There is no need to call for reports from the jurisdictional Village Administrative Officer or the jurisdictional Police.

4.I can understand such an enquiry being made by the Revenue Divisional Officer. All that I am holding is that for issuing No Entry / Non Availability Certificate by the local body, such reports need not be called for.

5.The learned Government Advocate appearing for the first respondent states that the death certificate sought for by the petitioner will be issued within a period of eight weeks from the date of receipt of a copy of this order.

6.The learned Senior Counsel took me through the entire statutory scheme. Section 16 of the Act mandates that a Register of Births and Deaths (Electronically or otherwise) must be maintained. This duty is cast on the Registrars. Section 7 of the Act is as follows:

“7. Registrars.—(1) The State Government may appoint a Registrar for each local area comprising the area within the jurisdiction of a municipality, panchayat or other local authority or any other area or a combination of any two or more of them: Provided that the State Government may appoint in the case of a municipality, panchayat, or other local authority, any officer or other employee thereof as a Registrar.

(2) Every Registrar shall, without fee or reward, enter in the register maintained for the purpose all information given to him under section 8 or section 9 and shall also take steps to inform himself carefully of every birth and of every death which takes place in his jurisdiction and to ascertain and register the particulars required to be registered.

(3) Every Registrar shall have an office in the local area for which he is appointed.

(4) Every Registrar shall attend his of