SMT.JAYALAKSHMI v. THE CHIEF REGISTRAR OF BIRTHS AND DEATHS
WP/36518/2024 · 2025-01-21
N S Sanjay Gowda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36922 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36922 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:2384 WP No. 36518 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 36518 OF 2024 (LB-RES) BETWEEN:
SMT. JAYALAKSHMI LATE THIMMAIAH, AGED ABOUT 56 YEARS, R/AT NO. 10, BANDE GUDISALUGALU, KASTURIBA NAGAR, BENGALURU SOUTH, BENGALURU-26. …PETITIONER (BY SRI. YATNAL PARASAPPA GURAPPA., ADVOCATE)
AND:
1.
THE CHIEF REGISTRAR OF BIRTHS AND DEATHS 7TH FLOOR, VISHVESHWARAYA MAIN TOWER DR. BR AMBEDKAR VEEDHI BANGALORE-560 001.
2.
CHIEF COMMISSIONER, BBMP, N R SQUARE BENGALURU-560 002.
3.
JOINT DIRECTOR, BIRTHS AND DEATHS, BEHIND UPPARPETE POLICE STATION, SUBHASH NAGAR, BENGALURU-560 009.
4.
THE ASSISTANT DIRECTOR(STATISTICAL) BIRTHS AND DEATHS, BBMP WEST ZONE, BASHYAM PARK, SAMPIGE ROAD, MALLESHWRAM, BENGALURU-560 009. …RESPONDENTS (BY SMT. M R SINCHANA, ADVOCATE FOR R2 TO R4;
SMT. SPOORTHI V, HCGP FOR R1)
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
- 2 -
NC: 2025:KHC:2384 WP No. 36518 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE IMPUGNED ENDORSEMENT BEARING NO.SA.NI.(SAAM)PA/JA/MA/PR/50/2024-25 DTD 18.07.2024 IS HEREBY PRODUCED ANNX-D PASSED BY THE R- 4 AT ANNX-D AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. The prayer in this Writ Petition is for quashing of the endorsement dated 18.07.2024, by which the Assistant Director (Statistics) has refused to entertain the request of the petitioner for correcting an error in the death certificate issued in respect of the death of her husband Thimmaiah.
2. It is not in dispute that the petitioner while seeking for issuance of the death certificate had produced a genelogical tree, which indicated that ‘Padiyappa’ was the grandfather of her husband.
3. As per the genealogical tree, incidentally, the name of the petitioner’s father-in-law i.e., the father of her
- 3 -
NC: 2025:KHC:2384 WP No. 36518 of 2024
husband was ‘Thimmaiah’ and name of the petitioner’s husband was also ‘Thimmaiah’.
4. The BBMP, on the basis of this genealogical tree in the death certificate has stated that the father-in-law of the petitioner as ‘Padiyappa’ instead of ‘Thimmaiah’. This is obviously an error.
5. The genealogical tree, as produced by the petitioner clearly indicates that the father of the petitioner’s husband - Thimmaiah was also called ‘Thimmaiah’ and not ‘Padiyappa’.
6. In that view of the matter, it would be appropriate to direct respondent No.4 to correct the death certificate and incorporate the name of the petitioner’s father-in-law as ‘Thimmaiah’ instead of ‘Padiyappa’.
7. Consequently, this Writ Petition is allowed and Annexure-D is quashed.
- 4 -
NC: 2025:KHC:2384 WP No. 36518 of 2024
8. The said exercise shall be undertaken and completed within a period of two weeks from the date of receipt of a copy of this order.
9. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of.
Sd/- (N S SANJAY GOWDA) JUDGE
HNM List No.: 1 Sl No.: 34