SIBOJYOTI SEAL v. THE STATE OF WEST BENGAL AND OTHERS
WPO/875/2025 · 2026-07-28
Raja Basu Chowdhury
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3363 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3363 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
OD- 2
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA Writ Jurisdiction ORIGINAL SIDE
WPO/875/2025
SIBOJYOTI SEAL VS THE STATE OF WEST BENGAL AND ORS.
BEFORE:
THE HON’BLE JUSTICE RAJA BASU CHOWDHURY Date: 28th July, 2026
Appearance: Mr. Alak Kumar Ghosh, Adv. Ms. Manisha Nath, Adv. ….for the KMC
Ms. Sristi Barman Roy, Adv. Mr. Nikhil Jhunjhunwala, Adv. …for the State
1. The writ petition has been filed inter-alia praying for a direction upon the respondent nos. 2 and 4 to forthwith register the death of Sikha Mukherjee, since deceased, by rectifying the wrong classification of the deceased as “unclaimed/unidentified” and issue death certificate in her name.
2. When this matter was taken up for consideration on 4th February, 2026 this Court having regard to the case made out and upon ascertaining from Mr. Ghosh, Learned Advoate appearing for the Municipality and the report filed that some more time is required to locate the death register had adjourned the matter.
3. Today the municipality has filed a fresh report duly counter signed by the Chief Medical Health Officer dated 13th July, 2026. From the aforesaid report it would transpired that Sikha Mukherjee had died on 10th October,
2 2023 and was cremated on 3rd November, 2023 at Dhapa Crematorium as unclaimed body and the concerned manual death register has been found.
4. As per the report the death certificate of a deceased can be claimed and a certificate can be issued through the “Janma-Mrityu Tathya” (JMT) portal of the Government of West Bengal. Unfortunately, in this case since the record is more than one year old as on 13th July, 2026, this particular function comes under digitization of old records category. The access to the function of digitization old records is currently unavailable in Kolkata Municipal Corporation in JMT portal. Accordingly, it is stated that as and when this function becomes available, certificate shall be issued.
4. Having heard the Learned Advocate of the State and the Municipality, though the petitioner remains unrepresented, I am of the view since the concerned manual death register has been identified and since at present the access to the digitized old records is not available with the Kolkata Municipal Corporation in JMT, Portal, it is only appropriate in the peculiar facts to make available to the petitioner the death certificate of Sikha Mukherjee in physical form, by altering the classification, on an ordinary application be made by the petitioner.
5. WPO/875/2025 is thus disposed of.
(RAJA BASU CHOWDHURY, J.)
DB