PAIPPAD GRAMA PANCHAYAT Vs. TESSY P DAS

JUDGEMENT

(1.) Respondent in WP(C) No. 13194/2007 is the appellant. The writ petition was filed by the respondent herein to direct the appellant to register the death of her husband Sri Jose Das, T.V. and to issue a death certificate. The writ petition was allowed by judgment dated 28th of November, 2007 and it is aggrieved by the said judgment, this appeal is filed.

(2.) The facts which led to the filing of the writ petition are that the husband of the respondent, a resident of Paippadu Grama Panchayat in Kottayam District died at Madurai in Tamil Nadu. His dead body was brought to Paippadu and was buried at the cemetery of St. Thomas Church, Paippadu, his parish church. Ext. P-3 is the certificate issued by the Vicar of the Church. Enclosing Ext. P-3, the respondent made an application for registration of death and to issue a death certificate. But the application was rejected by Ext. P-4 order of the appellant on the ground that the death occurred outside the territorial jurisdiction of the Paippadu Grama Panchayat and therefore cannot be registered. It is aggrieved by the said order, the writ petition was filed with the prayer as stated above.

(3.) Rejecting the contention of the appellant that under Section 7(2) of the Registration of Births and Deaths Act, 1969, a death occurred outside the territorial jurisdiction of the Registrar appointed under the Act cannot be registered, the learned Single Judge allowed the writ petition. The reasoning of the learned Single Judge contained in para 10 and 11 of the judgment reads as under