Pratiksha Arun Pillai v. State Of Maharashtra Thr Its Principal Secretary And ORS

50-ASWP-7886-2024.DOC Ashwini

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7886 OF 2024 Pratiksha Arun Pillai

...Petitioner

Versus

State of Maharashtra & Ors

...Respondents

Mr Sachin Thorat, for the Petitioner.

Mr Aniruddha A Garge, for Respondent Nos. 2 to 5. Mr Vaibhav S Charalwar, 'B' Panel Counsel, for the RespondentState.

CORAM

M.S. Sonak & Kamal Khata, JJ.

DATED:

2nd July 2024 PC:- 1.

Rule. Rule made returnable immediately.

Digitally signed by ASHWINI GAJAKOSH Date:

2024.07.03 09:56:58 +0530 ASHWINI GAJAKOSH 2.

Heard Mr Thorat learned Counsel for the Petitioner and Mr Aniruddha for Respondents Nos. 2 to 5-Navi Mumbai Municipal Corporation ("NMMC").

3.

The Petitioner is widow of deceased Arun S.R. Her husband died on 13th October 2023 and since then, the Petitioner has been pursuing the matter with the Corporation for issue of the death certificate.

4.

Learned Counsel for the Corporation submits that in the various documents produced by the Petitioner, there were some 2nd July 2024

50-ASWP-7886-2024.DOC discrepancy in the names. As a result, the death certificate was issued in the name of Arun Shridhran Pillai. This was based on the information in the death form (post mortem report). 5.

Considering the Aadhar Card and other documents produced on record by the Petitioner and the fact that there is no dispute about the demise of Arun S.R. or Arun Shridhran Pillai, we direct the Corporation to issue the Petitioner death certificate regarding her demise husband, stating the name as Arun S.R. 6.

Thus, we make the rule absolute in terms or prayer clause (d), which reads as follows:

"(D) Pending the hearing and final disposal of the present Writ Petition, this Hon'ble Court be pleased to direct Respondent No. 2 to 4 to issue death certificate of the deceased i.e. Arun S.R. who was husband of the Petitioner and died on 13.10.2023 and declared dead in Respondent No. 5 Hospital on 13.10.2023 and cremated on 15.10.2023 at Sarsole, Sector-4, Nerul Crematorium."

7.

The death certificate must be issued on or before 9th July 2024 without delaying this matter any further. 8.

There will be no order of costs.

9.

All concerned to act on an authenticated copy of this order. (Kamal Khata, J) (M.S. Sonak, J) 2nd July 2024