IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 WP(C).No. 25098 of 2009(F) ---------------------------------------- PETITIONER(S): ------------------------- T.K.RAJAN, S/O.KUMARAN, AGED 54 YEARS, KUNDATH HOUSE, KARAMUKKU (PO), THRISSUR DISTRICT. BY ADV. MR.P.RAMACHANDRAN RESPONDENT(S): --------------------------- 1. THE REVENUE DIVISIONAL OFFICER, THRISSUR. 2. THE TAHSILDAR, THRISSUR. 3. THE VILLAGE OFFICER, VADAKKUMRI VILLAGE OFFICE, THRISSUR (DISTRICT). R1 TO R3 BY GOVERNMENT PLEADER MR.M.A. ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.25098/2009 F APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LETTER DTD. 4/11/2008 ISSUED BY THE CHIEF MANAGER, SOUTH INDIAN BANK. P2: COPY OF THE APPLICATION DTD. 5/05/2009 BY THE PETITIONER HEREIN ALONG WITH THE AFFIDAVIT AND NON AVAILABILITY CERTIFICATE SUBMITTED BEFORE THE FIRST RESPONDENT. P3: COPY OF THE STATEMENT DTD. 21/05/2009 MADE BY ASOKAN. P4: COPY OF THE STATEMENT MADE BY VENUGOPALAN. P5: COPY OF THE PROFORMA REPORT DTD. 29/05/2009 BY THE SECOND RESPONDENT TO THE FIRST RESPONDENT. P6: COPY OF THE LETTER DTD. 17/08/2007 FROM THE OFFICE OF THE FIRST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. --------------------------------------- W.P.(C)No.25098 of 2009 ---------------------------------------- Dated 16th February, 2010 JUDGMENT This writ petition is filed seeking a writ in the nature of mandamus commanding the Revenue Divisional Officer, Trissur to pass orders on Ext.P2 application submitted by the petitioner for granting permission to the Secretary of Thanniam Grama Panchayat to register the death of late Nelliparambil Kumaran. 2. Late Nelliparambil Kumaran died on 9.11.1996 at his residence. It is stated that late Nelliparambil Kumaran is the only brother of the petitioner's mother-in-law's father. He was unmarried and has no legal heirs. It is also stated that the petitioner is the nominee authorised by late Nelliparambil Kumaran to collect the amounts lying in deposit in South Indian Bank and that the bank is insisting on production of a death certificate in order to enable the petitioner to withdraw the amount . The petitioner states that though nearly one year has passed after Ext.P2 application was submitted, till date the Revenue Divisional Officer has not passed orders thereon. 3. A counter affidavit has been filed on behalf of the first respondent stating that as the petitioner is not a near relation and was not residing in the household where the deceased was residing, the WP(C).No.25098/2009 2 petitioner cannot invoke Section 13 of the Registration of Births and Deaths Act, 1969 and move for registration of the death of late Nelliparambil Kumaran. It is also stated that though on receipt of Ext.P2 application, the Revenue Divisional Officer has called for a report from the Tahsildar, the report has not yet been received. The petitioner has filed a reply affidavit contending that the Tahsildar has already submitted Ext.P5 report and therefore, there is no necessity to await the receipt of a report from the Tahsildar. 4. I have considered the submissions made at the Bar by the learned counsel appearing on either side. It is evident from the pleadings and the materials on record that the Revenue Divisional Officer is yet to pass orders on Ext.P2 application. The question whether the petitioner can invoke Section 13 of the Registration of Births and Deaths Act to have the death of late Nelliparambil Kumaran registered, is primarily for the first respondent to decide. It is not in dispute that Ext.P2 application was filed way back in May, 2009. Nearly nine months have passed thereafter. In such circumstances, I am of the opinion that the first respondent should pass orders on Ext.P2 application expeditiously. I accordingly dispose of this writ petition with a direction to the first respondent to pass final orders on Ext.P2 application WP(C).No.25098/2009 3 expeditiously and in any event within six weeks from the date on which the petitioner produces a certified copy of this judgment, before him. Needless to say the Revenue Divisional Officer, Thrissur shall also afford the petitioner a reasonable opportunity of being heard before passing orders as directed above. P.N.RAVINDRAN Judge TKS