IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 WP(C).No. 32024 of 2009(W) -------------------------- PETITIONERS: ------------------- 1. SAINABA, AGED 73 YEARS, W/O.PARETH, MOLATH VEETIL, SOUTH VAZHAKULAM. 2. ABDUL HUSSAIN, AGED 43 YEARS, MARIYANTHURUTHIL, THOTTAKATTU KARA, ALUVA. BY ADVS. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENTS ---------------------- 1. THE REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA. 2. VILLAGE OFFICER, VENGOLA. 3. THE SECRETARY, VENGOLA GRAMA PANCHAYATH. ADDL.R4 TO 8 IMPLEADED -------------------------------------- ADDL.R4 SAITHALAVI, AGED 46 YEARS, S/O.IBRAHIMKUTTY, MALEKUDY HOUSE, VENGOLA KARA, VENGOLA VILLAGE, KUNNATHUNADU TALUK, PONJASSERY P.O. ADDL.R5. ABDULHADER, , AGED 41 YEARS, S/O.IBRAHIMKUTTY, MALEKUDY HOUSE, VENGOLA KARA, VENGOLA VILLAGE, KUNNATHUNADU TALUK, PONJASSERY P.O. ADDL.R6. SUHARA, AGED 41 YEARS, D/O.IBRAHIMKUTTY, MALEKUDY HOUSE, VENGOLA KARA, VENGOLA VILLAGE, KUNNATHUNADU TALUK, PONJASSERY P.O. WP(C).No. 32024 of 2009(W) --------------------------------------- ADDL.R7.SUBAIDA, AGED 49 YEARS, D/O.IBRAHIMKUTTY, MALEKUDY HOUSE, VENGOLA KARA, VENGOLA VILLAGE, KUNNATHUNADU TALUK, PONJASSERY P.O. ADDL.R8. FATHIMA, AGED 73 YEARS, D/O.IBRAHIMKUTTY, MALEKUDY HOUSE, VENGOLA KARA, VENGOLA VILLAGE, KUNNATHUNADU TALUK, PONJASSERY P.O. ADDL. RESPONDENTS NOS.4 TO NO.8 IMPLEADED VIDE ORDER DATED 7.12.2009 IN I. 14577/09. R1 & 2 BY SEIOR GOVERNMENT PLEADER SRI.P.N.SANTHOSH R3 BY ADV. SRI.SIRAJ KAROLY R4 BY ADVS. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32024 of 2009(W) ---------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS --------------------------------- EXT.P1. COPY OF THE DEATH CERTIFICATE ISSUED BY THE CHEMBARATHUKUNNU MUSLIM JUMA-ATH AT MUDIKKAL. EXT.P2. COPY OF THE DEATH CERTIFICATE ISSUED BY THE AT CHERUVELIKUNNU MUSLIM JUMA-ATH AT MUDIKKAL. EXT.P3.COPY OF THE APPLICAITION SUBMITTED BY THE 1ST PETITIONER BEFORE 3RD RESPONDENT. EXT.P4. COPY OF THE APLICATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P5.COPY OF THE REPORT OF 2ND RESPONDENT IN RESPECT OF DEATH OF 1ST PETITIONER'S MOTHER EXT.P6. COPY OF THE REPORT OF 2ND RESPONDENT IN RESPECT OF DEATH OF 1ST PETITIONER'S BROTHER. EXT.P7. COPY OF THE ORDER PASSED BY THE 1ST RESPODENT REJECTING THE EXHIBIT P4 APLICATION. RESPONDENT'S EXHIBITS : NIL ---------------------------------------- / TRUE COPY / P.A. TO JUDGE VK P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.32024 OF 2009 -------------------------------- Dated this the 22nd day of February 2011 JUDGMENT The petitioners have approached this Court with the following prayers:- i) Call for the entire records leading to Ext.P7 and quash the same by issuing writ f certiorari or any other appropriate writ, order or direction. ii) Issue a writ of mandamus or any other appropriate writ order or direction thereby direct the first respondent to re-consider Ext.P4 application on the basis of Exts.P5 and P6 report and direct the first respondent to register the death of the first petitioner's mother and brother and issue certificate in respect of their death. Iii) Grant such other relieves which are just and necessary in the interest of justice. 2. The learned counsel for the petitioners submits that the reasons given in Ext.P7 order passed by the first respondent refusing to register the death of the mother and brother of the first petitioner, who expired on 25-11-1972 and 18-09-1966 respectively (as stated by the petitioner referring to Exts.P1 and P2)are not correct or proper and that, it has very much adversely W.P.(C) No.32024/2009 - 2 - affected the civil rights of the petitioners. The learned counsel also submits that, the petitioners have filed a civil suit (O.S No.13/2009) against the defendants/respondents, which is pending before the Sub Court, Perumbavoor and the non-registration of the death on the relevant dates and refusal to issue necessary certificates in this regard have much prejudicially affected the rights and interest of the petitioners, which is sought to be redressed in this Writ Petition. 3. Heard the learned counsel appearing on behalf of the contesting respondents and the learned Govt. Pleader on behalf of the other respondents. 4. Going by the facts and circumstances, it is seen that the request made by the petitioners has been turned down by the first respondent stating that the alleged documents produced from the part of the petitioners in support of their contentions to establish the death of the persons concerned 'on the relevant dates' are not acceptable as disputed and hence, they were turned down. It is also stated that the petitioners have not produced any other legally acceptable evidence so as to accede to the request made. W.P.(C) No.32024/2009 - 3 - 5. After hearing both the sides, this Court finds that the petitioners can establish the correct factual position with regard to the civil dispute by adducing necessary evidence in the Civil Court, where the issue is pending. It is also open to the petitioner to seek for appropriate amendment of the pleadings and prayers, in view of the powers vested on the Civil Court. In the absence of unchallenged evidence/records, this Court is not in a position to divert the first respondent for causing the death to be registered as occurred on 25-11-1972 and 18-09-1966. 6. In the above circumstances, interference is declined and the Writ Petition is dismissed, however, without prejudice to the rights and liberties of the parties to raise the relevant pleadings and to adduce evidence before the Civil Court, in support of the rival claims. P.R.RAMACHANDRA MENON JUDGE vdv