CHENNAI: The Madras High Court has come to the rescue of a senior citizen and retired head constable of the Central Reserve Police Force (CRPF), enabling him to get his wife’s death registered with the civic body’s registration officer for births and deaths after a delay of nearly ten years.
Justice N Mala suo motu impleaded the Revenue Divisional Officer (RDO), Tiruvallur, who is also the Divisional Magistrate, and directed him to consider the application and documents to be produced by the retired head constable, Karuppaiah of Theni district, and pass orders on merits and in accordance with the law within eight weeks of submission.
The petitioner was directed to submit the application and the supporting documents to the RDO along with a late fee of ₹500 within two weeks from the receipt of a copy of the court’s order.
The case pertains to a petition filed by Karuppaiah seeking a direction to the authorities of the Avadi City Municipal Corporation to register the death of his wife, Selvalakshmi, who allegedly passed away due to cancer on 20 September 2015.
Initially, Karuppaiah had believed that the certificate issued by the Deputy Inspector General of CRPF in Avadi on the death was sufficient. He had also obtained a legal heir certificate from the Tahsildar of Andipatti Taluk in Theni district.
However, upon being advised by friends to get a formal death certificate from the Avadi Corporation, he submitted an application, but no action was taken. Left with no alternative, he filed a writ petition in the High Court.
Citing the relevant provisions of the Registration of Births and Deaths Act, 1969, Justice Mala observed: “It is clear that the Medical Officer in-charge of any institution has to follow the procedure contemplated under Section 8(b) of the Act, and has to submit Form-2 provided under the Rules within 21 days of the occurrence.”
The judge further noted: “In case the death is not registered within a year of its occurrence, as per Section 13(3) read with Rule 9(3), it shall be registered only on an order made by the District Magistrate or the Sub Divisional Magistrate or by an Executive Magistrate, authorised by the District Magistrate, having jurisdiction over the place where the death had taken place, with a fine of ₹500.”
In this instance, since more than one year had lapsed from the date of death of the petitioner’s wife, the court held that registration could only be made by the Divisional Magistrate/Revenue Divisional Officer, Tiruvallur, under Section 13(3) of the Registration of Births and Deaths Act, 1969, read with Rule 9(3) of the Tamil Nadu Registration of Births and Deaths Rules, 2000.
Recognising that the RDO, Tiruvallur, was the competent authority to pass such an order, Justice Mala impleaded him as a respondent, noting that this was to save the petitioner, a senior citizen, from facing further difficulties in approaching various authorities.