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2025 DAILYLAW 41788 (KAR)

SMT SUBHALAKSHMI A v. THE COMMISSIONER

WP/13280/2025 · 2025-08-22

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33000 WP No. 13280 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.13280 OF 2025 (LB-BMP) BETWEEN: SMT. SUBHALAKSHMI A AGED ABOUT 31 YEARS W/O LATE KARTHICK M., AND D/O SMT. BABY A., AND SRI. ANBU G.K., RESIDING AT NO. 11/12, KSS COLONY, 1ST CROSS, NEAR LAYOUT JAYANTHI NAGAR, HORAMAVU, BANGALURU SOUTH, BANGALURU - 560043 …PETITIONER (BY SMT. HEMA KARIYAPPA, ADVOCATE) AND: THE COMMISSIONER REGISTRAR OF BIRTH AND DEATHS, BBMP, BANGALURU. …RESPONDENT (BY SRI. PAWAN KUMAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE THE REVISED DEATH CERTIFICATE WITH MENTIONING PETITIONER NAME CORRECTLY AS SUBHALAKSHMI A IN FAVOUR OF THE PETITIONER AS PER ANNEXURES-A, A1 AND D, AADHAAR CARD, PAN CARD AND BIRTH CERTIFICATE OF HER SON ISSUED BY BBMP ETC. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33000 WP No. 13280 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The case of the petitioner is that her husband Sri Karthick.M died on 12.08.2022 and a death certificate has been issued (vide Annexure-E to the writ petition). However, the name of the petitioner has been erroneously shown in the death certificate as Subbalaxmi instead of Subhalakshmi A., and hence, the petitioner made a request to have the name corrected. However, the same has been rejected by the authority by issuing an endorsement dated 28.05.2024 (vide Annexure-F to the writ petition). 2. Both the advocates for the petitioner as well as the respondent submit that a similar situation has been examined by this Court in W.P.No.6370/2024 and a - 3 - HC-KAR NC: 2025:KHC:33000 WP No. 13280 of 2025 direction has been issued to the authorities concerned wherein it has been ordered to change the name and both the advocates together submit that the prayer may be granted in this petition. 3. I do not see any reason why the benefit of the ratio in W.P.No.6370/2024 should not enure to the benefit of the petitioner in the instant case. 4. Hence, the following: ORDER (i) The impugned endorsement dated 28.05.2024 (vide Annexure-F to the writ petition) issued by the authority concerned is hereby set aside; (ii) Respondent is directed to consider the request of the petitioner by conducting the necessary enquiry as per Section 15 of the Registration of Births and Deaths Act read with the relevant Rules and also in the light of the order passed in W.P.No.6370/2024 and pass appropriate orders accordingly. The same shall be done within a period of one month from the date of receipt of a certified copy of this order; - 4 - HC-KAR NC: 2025:KHC:33000 WP No. 13280 of 2025 (iii) The writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 62