Quashed

Smt. Savita W/O. Late Laxman Madivalar Alias Agasar v. the Commissioner

Karnataka HC2 Dec 2022WP/100102/2022

Case brief

AI extract

What is this about?

This writ petition challenged the refusal to correct the mother's name in a death certificate. The court directed the Municipality to consider a request for rectification within two months and quashed the impugned endorsement denying the correction.

What did the court decide?

The impugned endorsement (Annexure-D) is quashed; the Municipality must consider the rectification request within two months.

Smt. Savita W/O. Late Laxman Madivalar Alias Agasar Vs the Commissioner — Karnataka HC (2022) — LawSathi Research

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WP No. 100102 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 2^ND DAY OF DECEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA WRIT PETITION NO. 100102 OF 2022 (LB-RES)

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BETWEEN:

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SMT. SAVITA W/O. LATE LAXMAN MADIVALAR @ AGASAR AGE. 22 YEARS, OCC. COOLIE, R/O. HALAGALI-587121, TQ. MUDHOL, DIST. BAGALKOT

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…PETITIONER (BY SRI. PRASHANT S. KADADEVAR, ADVOCATE) AND:

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THE COMMISSIONER CITY MUNICIPALITY, BAGALKOT-587103 DIST. BAGALKOT.

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THE BIRTHS AND DEATHS REGISTRATION OFFICER, CITY MUNICIPALITY, BAGALKOT-587103 DIST. BAGALKOT.

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THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHAN SOUDHA, BENGALURU-01.

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THE CHIEF REGISTRAR OF BIRTH AND DEATH, DIRECTORATE OF ECONOMIC AND STATISTICS, 7^TH FLOOR, V.V.TOWER, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-01.

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…RESPONDENTS

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WP No. 100102 of 2022

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(BY SRI G.K.HIREGOUDAR, ADV.FOR RESP.NOS.1 AND 2) (BY SRI VINAYAK S.KULKARNI, AGA FOR RESP.NOS.3 AND 4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ENDORSEMENT DATED 04.01.2022 ISSUED BY THE RESPONDENT NO.2 (ANNEXURE-D) AND ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT TO MAKE CHANGES AT COLUMN NO.5 OF ANNEXURE-A AS SHANTA IN THE PLACE OF NANDAVVA.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING B-GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is aggrieved by the refusal on the part

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of the Municipality to make a correction in the Death Certificate issued in respect of her husband’s death.

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It is the contention of the petitioner that her husband-Laxman Madivalar @ Agasar died in the Kerodi Hospital, Bagalkote on 17.01.2018 and it appears that on the basis of information furnished by the Hospital, entries were made in the register and consequently while issuing the Death Certificate it was wrongly stated that the name

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WP No. 100102 of 2022

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of deceased’s mother was Nandavva Madival instead of Shanta.

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Learned counsel seeks reliance on the S.S.L.C. certificate of the deceased to indicate that the name of mother of the deceased was Shanta and not Nandavva Madivalar.

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Since the petitioner is seeking for a rectification only in respect of the deceased mother’s name in the Death Certificate, it would be incumbent on the part of the Municipality to consider the same and make the necessary corrections.

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The Municipality shall take into consideration the S.S.L.C. certificate produced at Annexure-B1 and the petitioner would also be entitled to produce such other documents indicating that he was the son of Shanta.

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The Municipality shall consider the request of the petitioner for rectification within a period of two months from the date of receipt of a copy of this order.

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WP No. 100102 of 2022

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In the light of the above order, Annexure-D shall

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stand quashed.

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Writ petition is disposed off.

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sd JUDGE

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CKK

Smt. Savita W/O. Late Laxman Madivalar Alias Agasar v. the Commissioner

Case brief

What is this about?

What did the court decide?

Smt. Savita W/O. Late Laxman Madivalar Alias Agasar v. the Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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