- 1 - HC-KAR NC: 2025:KHC:47376 WP No. 28040 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 28040 OF 2025 (LB-RES) BETWEEN: MR. MALLESHAPPA. M S/O MUTHURAYAPPA AGED 35 YEARS, RESIDING AT NO.6, 1ST MAIN, ASHWINI LAYOUT, SEEGEHALLI, VIRGO NAGAR POST K.R.PURAM, BENGALURU - 560049 MOBILE. 9902871026 email ID: Mp.malleshappa@gmail.com …PETITIONER (BY SRI. RADHAKRISHNA N., ADVOCATE) AND: 1. THE VILLAGE ACCOUNTANT OFFICER DODDUR VILLAGE, THERUBEEDI GRAMA YELACHAVADI PANCHAYAT, MARALAVADI HOBLI, HAROHALLI TALUK, RAMANAGARA DISTRICT - 562121 2. THE TAHSILDAR OFFICE/OFFICER HAROHALLI TALUK, RAMANAGAR DISTRICT - 562112 …RESPONDENTS (BY SRI. B. BOPANNA, ADDITIONAL GOVERNMENT ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO.1 (VILLAGE ACCOUNTANT, DODDUR VILLAGE) TO PROCESS THE Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47376 WP No. 28040 of 2025 PETITIONER'S APPLICATION DATED 28.05.2024 AND FORTHWITH ISSUE THE DEATH CERTIFICATE OF LATE SMT. RAMAKKA OR A NON- AVAILABILITY CERTIFICATE IF THE RECORD IS UNAVAILABLE, WITHIN A STIPULATED TIMIEFRAME, AS REQUESTED IN ANNEXURE- A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a writ in the nature of mandamus to direct the respondent No.1 to process the application of the petitioner dated 28.05.2024 and issue the death certificate of his grandmother – Smt. Ramakka. He has also sought for a direction to the respondent No.2 to ensure compliance by the respondent No.1 and oversee the prompt issuance of the death certificate. 2. It is the case of the petitioner that his grandmother died on 12.12.2015 at Doddur village, Therubeedi grama, Yelachavadi Panchayat, Maralavadi hobli, Harohalli Taluk, Ramanagara District. The petitioner submitted an application - 3 - HC-KAR NC: 2025:KHC:47376 WP No. 28040 of 2025 to the respondent No.1 on 28.05.2024 for issuance of the death certificate and enclosed all the relevant documents and paid the requisite fee. However, the respondent No.1 did not issue any acknowledgement acknowledging the receipt of the application. He also failed to issue the death certificate or a Non-availability Certificate. The petitioner then approached the respondent No.2 and submitted a representation dated 16.07.2024 requesting the respondent No.2 to compel the respondent No.1 to issue the death certificate. However, the respondent No.2 also did not take any steps. The petitioner is, therefore, before this Court. 3. Learned counsel for the petitioner reiterated the above submissions and submitted that the death certificate of the grandmother of the petitioner is necessary for various purposes and therefore, prays that a direction be issued to the respondent No.2 to process the application and issue the death certificate. 4. Under Section 13 of the Registration of Births and Deaths Act, 1969 (for short, 'the Act, 1969'), any delayed information given to the Registrar about the death of a person - 4 - HC-KAR NC: 2025:KHC:47376 WP No. 28040 of 2025 after thirty days but within one year of its occurrence shall be registered only with the written permission of the prescribed authority and on payment of such fee as is prescribed. However, if such information is given after one year of its occurrence, it shall be registered only on an order made by a Magistrate of the First Class. In the case on hand, the grandmother of the petitioner died in the year 2015 and there is no proof that the petitioner had intimated the respondent No.1 about the death of his grandmother within 30 days or within one year from the date of death. Therefore, the respondent No.1 is not obliged in law to issue a death certificate based on the representation submitted by the petitioner. Likewise, the respondent No.2 is not bound in law to compel the respondent No.1 to issue such a death certificate. If the petitioner desires to obtain a death certificate, he has to pursue the procedure prescribed under Section 13(3) of the Act, 1969. 5. The Writ Petition, therefore, fails and is dismissed subject to the observations made above. - 5 - HC-KAR NC: 2025:KHC:47376 WP No. 28040 of 2025 6. Learned Additional Government Advocate is permitted to file a memo of appearance within 10 days from today. Sd/- (R. NATARAJ) JUDGE SMA List No.: 1 Sl No.: 31