Calcutta High Court Says Missing Burial Record Not a Ground to Deny Death Certificate

MP, June 3, 2026, Kolkata : Holding that a death certificate cannot be withheld when available records adequately establish both the death and the performance of final rites, the Calcutta High Court has directed the Kolkata Municipal Corporation (KMC) to issue a death certificate to a petitioner whose guru-cum-father-in-law was given Samadhi in Tamil Nadu in 2012.

The petitioner approached the court alleging that despite submitting several documents, KMC had not issued the death certificate. Municipal authorities had sought additional records, including proof relating to the Samadhi or burial of the deceased.

According to court records, the deceased, Lakshmana Ramanuja Jeeyar, died at Paramount Nursing Home on Hazra Road in Kolkata on May 6, 2012.

The petitioner stated that the body was subsequently transported to Srirangam in Tiruchirapalli district of Tamil Nadu, where it was given Samadhi in accordance with religious customs.

To verify the claim, the court sought a report from the Srirangam police. The report, prepared following a local inquiry and field inspection conducted with the assistance of revenue authorities, confirmed the existence of four Manimandapams, or Jeeva Samadhis, at the location identified by the petitioner.

One of the structures bore the inscription “Sri Lakshmana Ramanuja Jeeyar Swamy”.

The court also took note of documents placed on record by the petitioner, including the death certificate issued by the nursing home and a no-objection certificate issued by Chennai Airport Police for transportation of the body from Chennai Airport to Srirangam.

Justice Raja Basu Chowdhury observed that the materials before the court sufficiently established not only the fact of death but also the transportation of the body and the existence of the Samadhi.

In such circumstances, the court held, it would be appropriate to direct the municipal authorities to issue the death certificate in accordance with law without insisting on a burial certificate.

The court expressed the expectation that KMC would issue the certificate expeditiously, preferably within four weeks from the date of communication of the order.