- 1 - HC-KAR NC: 2025:KHC:43068 WP No. 12345 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 12345 OF 2023 (LB-RES) BETWEEN: 1. VEENA W/O. NAGARAJ SHIGGAVI AGE: 40 YEARS OCC: PRIVATE SERVICE 2. KUMAR SUMEET S/O. NAGARAJ SHIGGAVI AGE: 17 YEARS, OCC: STUDENT 3. KUMAR PREETAM S/O. NAGARAJ SHIGGAVI AGE: 13 YEARS, OCC: STUDENT ALL ARE R/O. PLOT NO.121/1, SAVADATTI ROAD, MATTI PLOT, VIJAY NAGAR, BEHIND NEW APMC, DHARWAD. PETITIONER NO.2 AND 3 BEING MINOR CHILDREN ARE REPRESENTED BY NATURAL GUARDIAN MOTHER I.E. PETITIONER NO.1 …PETITIONERS (BY SRI. BHARATH K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY ITS CHIEF REGISTRAR OF BIRTHS AND DEATHS REGISTRATION DEPARTMENT, 7TH FLOOR, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001 2. REGISTRAR OF BIRTHS AND DEATHS AND HEALTH INSPECTOR Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43068 WP No. 12345 of 2023 MANGALURU MUNICIPAL CORPORATION, M.G. ROAD, LALBHAG, MANGALURU-575003 …RESPONDENTS (BY SRI. B. BOPANNA, ADVOCATE FOR RESPONDENT NO.1; SRI. K.V.NARASIMHAN, ADVOCATE FOR RESPONDENT NO.2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION OF THE PETITIONERS DATED 19.02.2022 BY ISSUING THE DEATH CERTIFICATE AND TO ENTER THE NAME OF THE PETITIONER NO.1 VIDE ANNEXURE-D. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners have sought for a writ in the nature of mandamus to direct respondent No.2 to consider the representation dated 19.02.2022 and issue death certificate by entering the name of petitioner No.1 as the wife of deceased Nagaraj Shiggavi. 2. (i) Petitioner No.1 is the wife of Nagaraj Shiggavi and petitioner Nos.2 and 3 are their children. Petitioner No.1 claimed that her husband died on 07.09.2018 in Mangalore and therefore, the petitioners are entitled to receive his service benefits. However, one Smt. Sushma, claiming to be - 3 - HC-KAR NC: 2025:KHC:43068 WP No. 12345 of 2023 the wife of late Nagaraj Shiggavi, filed objections before the authorities opposing release of the service benefits to the petitioners. In view of the dispute as to whose name had to be entered in the column meant for spouse, respondent No.2 did not issue the death certificate of the deceased. Respondent No.2 thereafter issued an endorsement directing the petitioners to obtain an appropriate decree from the competent Court. The petitioners accordingly filed O.S.No.545/2018 on the file of the First Additional Civil Judge and JMFC, Dharwad, which was dismissed by judgment and decree dated 16.02.2021. (ii) Against the said judgment and decree, the petitioners filed R.A.No.67/2021 before the Principal Senior Civil Judge and CJM, Dharwad, where Smt. Sushma was a party. The Appellate Court allowed the appeal vide judgment dated 26.11.2021 and declared that the petitioners as well as the mother of the deceased (arrayed as respondent No.4 before the Appellate Court) were entitled to receive the death benefits of the deceased Nagaraj Shiggavi. It is not known whether the said Smt.Sushma has preferred second appeal challenging the judgment and decree passed in R.A No.67/2021. - 4 - HC-KAR NC: 2025:KHC:43068 WP No. 12345 of 2023 (iii) The petitioners then requested respondent No.2 to enter the name of petitioner No.1 as the wife of deceased Nagaraj Shiggavi in the death certificate. The petitioners claim that despite several representations, respondent No.2 has not taken any steps to issue death certificate or to enter the name of petitioner No.1 as the surviving spouse of deceased Nagaraj Shiggavi. The petitioners are therefore before this Court seeking for a direction to respondent No. 2. 3. The learned counsel for the petitioners reiterated the above and prayed that a direction be issued to respondent No.2 to enter the name of petitioner No.1 in the death certificate as the surviving spouse of deceased Nagaraj Shiggavi. 4. The learned counsel for respondent No.2 submitted that he has no instructions whether the judgment in R.A.No.67/2021 is challenged. 5. I have considered the submissions of the learned counsel for the petitioners as well as the learned counsel for the respondents. - 5 - HC-KAR NC: 2025:KHC:43068 WP No. 12345 of 2023 6. In view of the decree passed in R.A.No.67/2021, respondent No.2 must have taken effective steps to enter the name of petitioner No.1 as the wife of deceased Nagaraj Shiggavi in his death certificate. Respondent No.2 seems to be oblivious of the fact that the petitioners have been deprived of the service benefits of Nagaraj Shiggavi from the year 2018. 4. In view of the above, the petition is allowed. As Smt. Sushma has not challenged the judgment and decree passed in R.A. No.67/2021 referred supra, respondent No.2 shall forthwith enter the name of petitioner No.1 in the register of death of Nagaraj Shiggavi and issue appropriate death certificate to petitioner No.1 showing petitioner No.1 as the spouse of Nagaraj Shiggavi. This shall be done within a period of 15 days from the date of receipt of a copy of this order. Sd/- (R. NATARAJ) JUDGE HJ List No.: 1 Sl No.: 53