WPA/18148/2026 of SIMA DE (KAPAT) Vs STATE OF WEST BENGAL AND ORS. on 11 September 2026

1. The present writ petition has been preferred seeking a direction upon the Barrackpore Municipality to issue a death certificate in respect of the petitioner’s husband, namely, Swapan Kumar De (since deceased).

2. Mr. Sur, learned Advocate appearing for the petitioner, submits that the petitioner’s husband died on 8th October, 2024 at Apnapan, an old age home situated at Old B.T. Road, Banshbagan, P.O. & P.S. Barrackpore, District 24 Parganas (North). He submits that the dead body was thereafter cremated at a cremation ghat within the jurisdiction of the Barrackpore Municipality and, immediately thereafter, the petitioner approached the competent authority of the Barrackpore

Municipality for issuance of the cremation certificate as well as the death certificate. It is further submitted that the petitioner, by a representation dated 8th June, 2026 addressed to the Chairman of the Barrackpore Municipality, requested issuance of the cremation certificate and death certificate of her husband. However, despite receipt of the said representation, no effective steps have been taken by the Municipality in this regard. He submits that such inaction on the part of the Municipality has constrained the petitioner to approach this Court by preferring the present writ petition. He, accordingly, prays for a direction upon the Barrackpore Municipality to issue the cremation certificate as well as the death certificate in respect of the petitioner’s husband.

3. Mr. Das, learned Advocate appearing for the Municipality, submits that the petitioner’s husband was found dead at an old age home situated at Old B.T. Road, Banshbagan, P.O. & P.S. Barrackpore, which falls within the territorial jurisdiction of the North Barrackpore Municipality. He, therefore, submits that the Barrackpore Municipality may be directed to issue the cremation certificate. However, insofar as the issuance of the death certificate is concerned, the petitioner ought to approach the North Barrackpore Municipality, being the competent authority in that regard.

4. In response, Mr. Sur submits that, in the aforesaid conspectus, the Barrackpore Municipality be directed to issue the cremation certificate and the petitioner be granted liberty to approach the North Barrackpore Municipality for issuance of the death certificate.

5. Having heard the learned Advocates appearing for the respective parties and upon perusal of the materials on record, the writ petition is disposed of by directing the respondent no. 3 to issue the cremation certificate certifying the cremation of the petitioner’s husband to the petitioner, upon completion of all necessary formalities, within a period of two weeks. The petitioner shall be at liberty to approach the North Barrackpore Municipality for issuance of the death certificate immediately upon receipt of the cremation certificate from the Barrackpore Municipality. It is expected that, upon being so approached, the petitioner’s prayer for issuance of the death certificate of her husband shall be considered in accordance with law and appropriate steps shall be taken in that regard without any unnecessary delay.

6. With these observations and order, the present writ petition is, thus, disposed of. However, there shall be no order as to costs.

7. Since no affidavits have been called for from the respondents, the allegations made in the writ petition shall be deemed not to have been admitted by the respondents.

8. Let urgent Photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.

(Partha Sarathi Chatterjee, J.)