Devika B.S vs State Of Kerala

P.V.Kunhikrishnan, J

The above writ petition is filed with following prayers:

“i. declare that the petitioner is entitled to get the death of her husband Shri. Thulaseedharan Pillai, S/o Govinda Pillai, Kochupurakkal Veedu, Thekkumcheri Muri, Pavithreswaram Village as declared in decree and judgment dated 19.07.2021 in O.S.No. 561/20 on the file of the Munsiff’s Court, Kottarakara registered by the 4th respondent and is also entitled for a Death Certificate on such registration;

ii. direct the 4th respondent to register the death of the husband of the petitioner Shri. Thulaseedharan Pillai, S/o Govinda Pillai, Kochupurakkal Veedu, Thekkumcheri Muri, Pavithreswaram Village as declared in decree and judgment dated 19.07.2021 in O.S.No. 561/20 on the file of the Munsiff’s Court, Kottarakara and to issue a Death Certificate to that effect;

iii. direct the 4th respondent to act upon Ext.P3 application based on Exts.P1, P2 and P6 as expeditiously as possible, or within such time as may be fixed by this Honourable Court.

iv. the petitioner also prays that this Honourable Court may be pleased to dispense with the translation of the documents produced in the vernacular language;

v. issue any other appropriate direction or order as may be deemed necessary in the facts and circumstances of the case.” (sic)

The petitioner is the widow of Late Thulaseedharan Pillai. According to the petitioner, his whereabouts were not known to anybody after 1992. The petitioner was denied a man missing certificate from the Sub Divisional Magistrate and hence, the petitioner approach the Munsiff Court, Kottarakara and obtained Exts.P1 and P2 decree and judgment declaring the death of her husband. Thereafter, the petitioner submitted application before the 4th respondent for registration of his death and for a death certificate. The same is also not considered is the grievance. According to the petitioner, as per Ext.P6 circular the 4th respondent is bound to take appropriate steps in the light of Exts.P1 and P2.

Heard the counsel for the petitioner and the Government Pleader.

Even though notice is issued to respondents 4 and 5, there is no appearance. If that be so, there can be a direction to the 4th respondent to consider Ext.P3 application, in the light of Exts.P1, P2 and P6 and pass appropriate orders in it, within a time frame.

Therefore, this writ petition is disposed of in the following manner:

The 4th respondent is directed to consider Ext.P3 application and take appropriate steps in it, in the light of Exts.P1, P2 and P6, as expeditiously as possible, at any rate within three weeks from the date of receipt of a certified copy of this judgment.

The petitioner will produce a stamped certified copy of this judgment together with a copy of this writ petition before the 4th respondent for compliance.