RANGASAMY Vs. EXECUTIVE OFFICER

JUDGEMENT

(1.) THE petitioner's father was one Mr.Padaikalam Ramasamy @ Ramaboyan. During the year 2009, Mr.Padaikalam Ramasamy was aged 90 years. According to the petitioner, on 08.01.2009 Mr.Padaikalam Ramasamy left his house for the hospital. He did not return thereafter. Subsequent enquiries of the petitioner and his family members revealed that Mr.Padaikalam Ramasamy would have fallen accidentally into a river on the same day. In this regard, a complaint was prepared to the Inspector of Police, Gopichettipalayam Police Station, on the same day, upon which, a case was registered in Crime No.161 of 2009 for man missing. The said case is under investigation. During investigation, the whereabouts of Mr.Padaikalam Ramasamy could not be ascertained and his fate is not known. According to the petitioner, believing that Mr.Padaikalam Ramasamy died on 08.01.2009, he conducted last rites for him as per the local custom. Mr.Padaikalam Ramasamy had allegedly executed a Will on 30.01.2003. After disappearance of Mr.Padaikalam Ramasamy there arose dispute between the legal heirs of Mr.Padaikalam Ramasamy in sharing the properties left behind by him. Treating Mr.Padaikalam Ramasamy to have died and relying on the alleged Will dated 30.01.2003, a suit was filed before the competent civil court and the same is pending.

(2.) WHILE so, the petitioner approached the Commissioner, District Municipality, Gopichettipalayam to register the death of Mr.Padaikalam Ramasamy in the death registrar as per the provisions of The Registration of Births and Deaths Act, 1969 [for short "the Act "]. In that petition, the petitioner had claimed that Mr.Padaikalam Ramasamy died on 08.01.2009. The Commissioner District Municipality declined to register the same. Thereafter, the petitioner filed a petition before the learned Judicial Magistrate No.I, Gopichettipalayam under Section 13 (3) of the Act, seeking a declaration that Mr.Padaikalam Ramasamy died on 08.01.2009 and for a direction to the respondent herein to register the death of Mr.Padaikalam Ramasamy. The learned Magistrate returned the said petition, since there were no documents produced to prima facie to show the death of Mr.Padaikalam Ramasamy. Aggrieved over the same, the petitioner has come up with this original petition seeking a direction to the learned Magistrate to entertain the said petition and dispose of the same in accordance with law.

(3.) THE object of The Registration of Births and Deaths Act, 1969 is to provide for the regulation of the registration of births and deaths and for matters connected therewith. As per section 8 of the Act, the registering authority is duty bound to register the births and deaths in the prescribed register. If the registration in respect of any birth or death has not been made within one year of its occurrence as per Section 13 (1) (3) of the Act, the same shall be registered only on an order made by a Magistrate of the First Class or Presidency Magistrate after verifying the correctness of the birth or death and on payment of the prescribed fee.