2 19.05.2026 sb Ct.3. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 23675 of 2025 Badrinarayan Ramanuj Das Versus Kolkata Municipal Corporation & Ors. Mr. Badrinarayan Ramanuj Das … petitioner-in-person. Ms. Piyali Sengupta Mr. Debanjan Mukherjee … For Kolkata Municipal Corporation 1. The present writ petition has been filed, inter alia, praying for a direction upon the respondents to in effect allow the petitioner’s application dated 25th April, 2025, though incorrectly recorded in the prayer portion of the writ petition as 25th May, 2025. 2. It is the petitioner’s case that his Guru-cum- father-in-law namely, Shri Srilakshman Ramanuj Jeeyar had died on 6th May, 2012 at Paramount Nursing Home Private Limited, 109/1, Hazra Road, Kolkata -700 026. The certificate of death issued by the Paramount Nursing Home Private Limited has also been placed before this Court and has been taken on record. According to the petitioner the dead body of Shri Srilakshman Ramanuj Jeeyar was buried/given Samadhi at his native place at Town Survey No. 2413, under Revenue Village – Vellithirumutham under Srirangam Zone of Tiruchirapalli Municipal Corporation in the State of Tamil Nadu. He has already affirmed an affidavit before the Court of the 1st 2 WPA 23675 of 2025 Class Judicial Magistrate, Alipore, South 24-Parganas. The factum of affirmation of such certificate would corroborate from the order sheet dated 17th December, 2012, issued by the Executive Magistrate, 1st Court, Alipore, South 24-Parganas in death record No.993 of 2024. The petitioner had thereafter applied before the Chief Medical Health Officer of the Kolkata Municipal Corporation on 18th December, 2024 by disclosing all documents, inter alia, including the death certificate issued by the Paramount Nursing Home Private Limited. The affidavit including the order passed by the Executive Magistrate, Alipore, South 24-Parganas in the Death Record Case No. 993 of 2024 with a request to issue the death certificate was also disclosed along with application before the municipality. Despite the aforesaid request the municipality has not favoured the petitioner with the Death Certificate. According to the municipality as would corroborate from the communication issued by the municipal authorities dated 7th January, 2025 in absence of the original copy of the order passed by the learned Court dated 17th December, 2024, the original copy of the cremation/buried/Samadhi issued by the Panchayat/ Municipality/Corporation and other documents as referred therein the municipality was unable to consider the petitioner’s application. 3. When this matter came up for consideration, this Court by an order dated 10th December, 2025 was, inter alia, pleased to direct the Officer-in-Charge of Srirangam 3 WPA 23675 of 2025 Police Station, Tiruchirapalli, Tamil Nadu to file a report before this Court as regards the factum of burial/Samadhi of Shri Srilakshman Ramanuj Jeeyar at the Town Survey No. 2413, under Revenue village Vellithirumutham under Srirangam zone of Tiruchirapalli Municipal Corporation, Tamil Nadu and also at No.50 Ammamandapam Road, Srirangam Tiruchirapalli, Tamil Nadu as claimed by the petitioner, by making a local enquiry, if necessary, on or before the returnable date. The order was directed to be communicated to the Officer- in-Charge, Srirangam Police Station, Tiruchirapalli, Tamil Nadu by the learned Registrar General of this Court. 4. Since then, by an order dated 17th December, 2025 insofar as address “No.50 Ammamandapam Road, Srirangam, Tiruchirapalli, Tamil Nadu is concerned the same was corrected to replace “Door No.56 Ammamandapam Road, Srirangam, Tiruchirapalli, Tamil Nadu”. 5. Following the aforesaid, the concerned Officer-in- Charge had submitted a report dated 5th February, 2026. Accordingly, this Court while taking the report on record by an order dated 10th February, 2026 permitted the petitioner to file an exception to the same on/or before the matter is taken up next. Following the aforesaid, the petitioner had filed an exception on 17th March, 2026. 6. The petitioner appearing in-person by referring to the exception and/or written arguments filed in the form of an affidavit affirmed by him on 16th March, 2026 4 WPA 23675 of 2025 submits that he has not only disclosed the passport of the deceased as an identity proof but has also highlighted that the dead body of the deceased was transported by road from Chennai Airport to Srirangam, Tiruchirapalli as per ‘transition no objection certificate’ issued by Chennai Airport Police Station on 8th May, 2012. 7. 7. The affidavit further records that the dead body arrived on 9th May, 2012 at Srirangam entry point on the national highway. On the basis of the wireless communication received from Chennai Airport Police, the then Srirangam Police Station Inspector of Police Mr. Senthil Kumar and the Srirangam Deputy Tahasildar stopped and opposed the movement of dead body to the residence to perform the indoor rituals and to conduct Samadhi performance at Town Survey No. 2413 on the grounds that the Government had taken over all the properties of the deceased on 7th January, 2012. 8. According to the affidavit, the death rituals were ultimately permitted to be conducted by the petitioner at Town Survey No. 2413 at the intervention of Shri Shailesh Kr. Yadav, which was performed on 10th May, 2012. Subsequently, the Samadhi structure was built by the petitioner. Though several other allegations have been made, the aforesaid may not be relevant consideration for this Court. What is, however, relevant is the fact that the petitioner relies on a no objection certificate issued by the Chennai Airport Police Station dated 8th March, 2012 and the factum of the dead body arriving at the 5 WPA 23675 of 2025 Srirangam entry point on the national highway. The aforesaid statements have been made by the petitioner at page No. 7 sub-paragraphs B, C and D of the above affidavit. 9. Having regard to the disclosure made and since copy of no objection certificate annexed at page 109 of the writ petition, this Court directed both the Officer-in- Charge of Srirangam, Tiruchirapalli, Tamil Nadu and the Sub-Inspector of Police, S2 Airport Police Station, Chennai to file a report before this Court to confirm the aforesaid facts. 10. Notwithstanding the aforesaid order being forwarded, as per the office report dated 14th May, 2026, no response has been received. In the factual backdrop, this Court has taken up the matter for final hearing. I find that the report filed by the Inspector of Police Srirangam L & O Police Station records that an inspection was carried out in furtherance to the order passed by this Court, when four (4) Manimandapams (Jeeva Samadhis) were found existing at the location. To morefully appreciate the same the said report is extracted hereinbelow: “IN THE HIGH COURT AT CALCUTTA CALCUTTA BENCH CONSTITUTIONAL WRIT JURISDICTION WPA NO. 23675 OF 2025 Badrinarayan Ramanuj Das …Petitioner -Versus- Kolkata Municipal Corporation & Ors. 6 WPA 23675 of 2025 Respondents STATUS REPORT FILED BY THE INSPECTOR OF POLICE, SRIRANGAM LAW & ORDER POLICE STATION, TIRUCHIRAPPALLI CITY I, G. Thiruvanantham, aged about 54 years, serving as Inspector of Police, Srirangam Law & Order Police Station, Tiruchirappalli City, Tamil Nadu, in compliance with the orders passed by this Hon'ble Court, have conducted enquiry and submit the following Status Report: 1. That pursuant to receipt of communication from the office of the learned Registrar General, High Court at Calcutta, a local enquiry and field inspection were conducted with the assistance of the Revenue Authorities. 2. That upon enquiry, it was ascertained that the land situated at Vellithirumutham Village, Ward-B, Block- 52, Town Survey No. 2413, Srirangam Taluk, Tiruchirappalli District, Tamil Nadu, stands recorded in the City Register in the name of Srinivasa Ramanujam, Sisya of Sri Lakshmana Ramanujam. 3. That during physical inspection of the said premises, four (4) Manimandapams (Jeeva Samadhis) were found existing at the said location. 4. That as per the Revenue Inspector's report, one of the Manimandapams bears an inscription on its upper portion reading "Sri Lakshmana Ramanuja Jeeyar Swamy." 5. That as per the note issued by the Assistant Commissioner / Ward Committee Officer, Tiruchirappalli Corporation, and the Urban Inspector, the property bearing City Survey No. 241, Ward-B, Block-52, is classified as Sarkar Nanjai, measuring an extent of 0.0744.5. 6. That the City Level Register records the name Srinivasa Ramanuja Jeeyar, Sisyan of Sri Lakshmanan Ramanuja Jeeyar, and the existence of four Manimandapams (Jeeva Samadhis) at the said location was confirmed during field inspection, one of 7 WPA 23675 of 2025 which bears the inscription "Sri Lakshmana Ramanuja Jeeyar Swamy." 7. That the reports received from the Revenue Authorities in connection with the above enquiry are enclosed herewith for the kind perusal of this Hon'ble Court. It is therefore humbly prayed that this Hon'ble Court may be pleased to accept this Status Report and pass such further or other orders as this Hon'ble Court may deem fit and proper…..” 11. Having regard to the above and noting that sufficient documents have been placed before this Court by the petitioner to establish not only the factum of death of the deceased but also the factum of transportation of the dead body by road from the Airport as would corroborate from transition no objection certificate issued by Airport Police Station Chennai dated 8th May, 2012 including the status report filed by the Inspector of Police, Srirangam, Police Station Tiruchirapalli City, where the Samadhi of Sri Lakshmana Ramanuja Jeeyar Swamy is noted and noting the peculiar facts of the case, it shall only be appropriate for this Court to direct the municipal authorities to issue appropriate death certificate in accordance with law to the petitioner without insisting upon the burial certificate. 12. It is expected that the municipal authority shall issue the same on expeditious basis, preferably within a period of four weeks from the date of communication of this order. 8 WPA 23675 of 2025 13. With the above observations and directions, the writ petition is disposed of. Urgent photostat certified copy of this order, if applied for be given to the parties upon compliance with the requisite formalities. (Raja Basu Chowdhury, J.)