Death Certificate Cannot Be Refused On Technical Ground That Death Occurred In Another District: Madras High Court

The writ petition was filed under Article 226 of the Constitution of India seeking to direct the respondents-the District Collector, the Revenue Divisional Officer, and the Tahsildar to register the Death of the petitioner’s husband and issuing Death Certificate.

Accordingly, a bench of Justice G.R. Swaminathan of the Madurai Bench directed, “Considering the special facts and circumstances of this case, the petitioner need not be denied relief on this technical ground. The factum of death is beyond dispute. That the petitioner is a permanent resident of Madurai District is not questioned. I therefore direct the second respondent to issue death certificate as sought for by the petitioner. This shall be done immediately and without any delay”.

Advocate N. Palanisamy appeared for the petitioner and Additional Government Pleader S.Ra.Ramachandran appeared for the respondents.

In the matter, the writ petitioner was a permanent resident of Melur Taluk. Her husband had met with an accident at Palladam in Coimbatore District where the occurrence had taken place on April 28, 2018.

Copies of the FIR registered under Section 174 of CrPC and the postmortem certificate were also enclosed in the typed set of papers by the petitioner to seek death certificate.

The second respondent- Revenue Divisional Officer, however, had denied to consider the petitioner's application for the reason that death did not take place within the Madurai district limits.

Resultantly, noting the facts and circumstances of the matter, the bench allowed the writ petition.

Cause Title: K.Podumponnu v. The District Collector