Solve confusion in delivering postal items addressed to the dead: Madras High Court directs India Post

Madras High Court orders postal items addressed to deceased be delivered to legal heirs until regulatory confusion is resolved.

The Madras High Court has directed the Union Ministry of Communications and the Director General of Postal Services (DGPS) to solve a confusion that prevails over delivery of items addressed to dead persons due to an interplay between two provisions of the Post Office Regulations, 2024.

First Division Bench of Chief Justice Manindra Mohan Shrivastava and Justice G. Arul Murugan have requested Additional Solicitor General AR.L. Sundaresan to send a copy of their order to the DGPS for compliance and further action as may be necessary to solve the confusion.

Till then, the postal department must hand over all items addressed to dead persons to their legal heirs, if the latter were found at the residence of the deceased, the Division Bench ordered while disposing of a writ petition to strike down Regulation 51 of the Post Office Regulations, 2024.

Mohana Ramaswami of Chinna Neelankarai in Chennai had filed the writ petition on the prime ground that the postal department was not handing over to her, the letters and other articles addressed to her deceased husband and instead returning them back to the senders.

Her counsel R. Subramanian brought it to the notice of the court that the DGPS had framed the Post Office Regulations, 2024 in exercise of the powers conferred on the officer under Section 13 of the Post Office Act, 2023. The regulations had come into force from December 16, 2024.

Regulation 51 states items addressed to deceased persons must be treated as if they were unclaimed and disposed of as per Regulation 65(2). Further, Regulation 65(2) states undelivered items must be sent back to the sender or the authorised person concerned, the counsel pointed out.