Judgment:
W.P.No.21746/2012 22-02-2013 Shri O.P.Dwivedi, learned counsel for the petitioner.
Shri Anshuman Singh, learned counsel for respondent no.4.
Challenging the issuance of death certificate Annexure P-3 with regard to death of Nevla Prajapati, this writ petition has been filed.
It is the case of the petitioner that death certificate Annexure P-3 has been issued on the basis of false affidavit submitted by respondent no.5, and therefore, this petition is filed for cancellation of the death certificate.
Having heard the learned counsel for the parties and on perusal of the provisions of the Registration of Births and Deaths Act, 1969, it is seen that under Section 15 of the said Act, a provision is contemplated for correction or cancellation of entry in the register of births and deaths and provision contempates for correction of error which have been occurred and the error can also be corrected if the entry is made by by way of fraudulently means .
That being so, Registrar is empowered to cancel the entry, if the ingredients in section 15 are fulfilled, the petitioner should approach the said authority by filing an application under Section 15 and it would be for the Registrar , the statutory authority to take action in the matter .
Even though from the records it is seen that no such application as contemplated under section 15 is pending but the learned counsel for the petitioner submits that an application has been filed and he produced photocopy of the same for perusal of this court.
Keeping in view the aforesaid, it is directed that on the petitioner's filing a certified copy of this order alongwith photocopy of the so called application submitted under section 15 of the Registration of Births and Death Act, 1969 before the appropriate 2 statutory authority namely the Registrar , the Registrar after hearing all concerned including respondent no.5 shall proceed to decide the matter in accordance with law within a period of 2 months from the date of receipt of the certified copy of this order.
With the aforesaid, the petition stands disposed of.
C.C.as per rules.
(RAJENDRA MENON) JUDGE hsp