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2026 DAILYLAW 34257 (KAR)

SMT ANUSUYA V C v. STATE OF KARNATAKA

WP/18528/2026 · 2026-07-02

B M Shyam Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:32982 WP No. 18528 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 18528 OF 2026 (LB-RES) BETWEEN: SMT ANUSUYA V C W/O VENKATRAM K AGED ABOUT 59 YEARS RESIDING AT NO.75, 8TH MAIN, 13TH CROSS, BTM 2ND STAGE, NS PALYA BILEKHALLI, BANGALORE SOUTH BANGALORE - 560076 …PETITIONER (BY SRI. K C SUDARSHAN.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, M.S. BUILDING, BENGALURU - 560001 2. THE CHIEF REGISTRAR OF BIRTHS AND DEATHS GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, BENGALURU - 560001 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32982 WP No. 18528 of 2026 3. THE REGISTRAR OF BIRTHS AND DEATHS TAHSILDAR, KANAKAPURA TALUK KANAKAPURA, BENGALURU SOUTH …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE ORDER PASSED BY THE 3RD RESPONDENT DATED 31/03/2026 BEARING NO. STT/CR/B AND D/56/25-ANNEXURE - E; ISSUE A WRIT OF MANDAMUS DIRECTING THE 3RD RESPONDENT TO EXERCISE POWERS UNDER SECTION 15 OF THE REGISTRATION OF BIRTHS AND DEATHS ACT, 1969 READ WITH RULE 11 OF THE KARNATAKA REGISTRATION OF BIRTHS AND DEATHS RULES, 1999 AND CORRECT THE NAME OF THE PETITIONER S GRAND FATHER FROM HOMBALE GOWDA TO CHIKKA DURGE GOWDA AND PETITIONER S GRAND MOTHER FROM HOMBALAMMA TO KALAMARAMA IN THE REGISTER OF DEATHS AND CONSQUENNTLY - 3 - HC-KAR NC: 2026:KHC:32982 WP No. 18528 of 2026 ISSUE CORRECTED FRESH DEATH CERTIFICATE OF THE PETITIONER S FATHER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner's father, Sri. Chottamare Gowda, has died on 09.09.2011 and with the death being registered on 15.09.2011, a Death Certificate is also issued. The Death Certificate mentions the deceased's parents as "Smt. Hombalamma" and "Sri. Hombale Gowda". According to the petitioner, his paternal grandparents are "Smt. Kalamaramma" and "Sri. Chikka Durge Gowda". The petitioner relies upon the Death Certificate issued by the Authorities on the demise of the deceased's brother, Sri. V. C. Hombale Gowda, to contend that the names of the parents of the deceased are wrongly mentioned in the Register of - 4 - HC-KAR NC: 2026:KHC:32982 WP No. 18528 of 2026 Deaths maintained under the Registration of Births and Deaths Act, 1969. 2. The jurisdictional Registrar of Births and Deaths [the third respondent], acting under the Karnataka Births and Deaths Rules, 1999 [for short, 'the Rules 1999"], has issued an Endorsement dated 31.03.2026 informing the petitioner that only formal errors can be corrected and therefore a request for correction in the Register to mention the names of her paternal grandparents as "Smt. Kalamaramma" and "Sri. Chikka Durge Gowda" cannot be accepted. 3. Sri. K. C. Sudarshan, the learned counsel for the petitioner, relies upon the provisions of Rule 11 of the Rules 1999, to contend that the third respondent could not have issued the impugned Endorsement mechanically without considering the documents to ascertain whether there is a clerical, formal or even an error otherwise in entering the names of the deceased's parents. Sri. Bopanna - 5 - HC-KAR NC: 2026:KHC:32982 WP No. 18528 of 2026 Belliappa, a learned Additional Government Advocate who accepts notice for the respondents, including the third respondent, is heard in the light of these circumstances. 4. This Court is of the view that the third respondent's jurisdiction under Rule 11 of the Rules 1999 is to correct a formal error or a clerical error, and to examine whether there is an error otherwise in the entries made, and therefore, the question of error in mentioning the names of the parents of the deceased should have been examined in the light of this jurisdiction. As such, the following ORDER [A] The petition is allowed-in-part quashing the impugned Endorsement dated 31.03.2026 [Annexure - E] reserving liberty to the petitioner to file a copy of this Order with the third respondent along with further documents calling - 6 - HC-KAR NC: 2026:KHC:32982 WP No. 18528 of 2026 upon the third respondent to examine the request afresh in the light of this Court's observation. [B] It is needless to observe that the third respondent would be at liberty to call for further information, including the information on an affidavit for a just decision on the request. Sd/- (B M SHYAM PRASAD) JUDGE RB