Kumara R vs The Deputy Commissioner
2022 Latest Caselaw 197 Kant

                             1

  IN THE HIGH COURT OF KARNATAKA, BENGALURU

       DATED THIS THE 5TH DAY OF JANUARY, 2022

                       BEFORE

       THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

       WRIT PETITION NO.42813 OF 2019(GM-CC)
BETWEEN:

KUMARA R,
S/O LATE RAJA MANICKAM,
AGED ABOUT 40 YEARS,
R/O HANUMANTHANAGARA,
SRINGERI TALUK - 577 139.
CHICKMAGALORE DISTRICT.
                                        ...PETITIONER
(BY SRI. JAGADEESH D C, ADVOCATE)

AND:

1. THE DEPUTY COMMISSIONER,
   CHICKMAGALORE DISTRICT,
   CHICKMAGALORE - 577 101.

2. THE DEPUTY DIRECTOR OF
   PUBLIC INSTRUCTION,
   EDUCATION DEPARTMENT,
   CHICKMAGALORE - 577 101.

3. THE BLOCK EDUCATION OFFICE,
   O/O BLOCK EDUCATION OFFICE,
   MALLIKARJUNA STREET,
   SRINGERI - 577 139.
   CHICKMAGALORE DISTRICT.

4. THE HEAD MASTER,
   GOVERNMENT PRIMARY SCHOOL,
   HANUMNATHNAGAR,
   SRINGERI TALUK,
   SRINGERI - 577 139.
   CHICKMAGALORE DISTRICT.
                                    ... RESPONDENTS
(BY SRI. VINOD KUMAR, AGA)

    THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT
THE CHANGE OF NAME OF FATHER AND CASTE IN THE
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SCHOOL ADMISSION RECORDS OF CHILDREN BY NAME
SHIVU AND JOTHI WHO ARE CHILDREN OF KRISHNA AND
SMT. PUSHPA BY THE R-4 ON THE BASIS OF AFFIDAVIT
FILED DATED 16.08.2007 WITHOUT JUDGMENT AND
DECREE PASSED BY THE COMPETENT COURT OF LAW OR
THE ORDER ISSUED UNDER THE LAW BY THE COMPETENT
AUTHORITIES IN THIS REGARD, IS ILLEGAL AND WITHOUT
JURISDICTION AND ETC.,

    THIS PETITION COMING ON FOR ORDERS THIS DAY
THROUGH VIDEO CONFERENCE, THE COURT MADE THE
FOLLOWING:-

                         ORDER

The short grievance of the petitioner is as to the

alleged change of name of father & caste of the children

namely Shivu & Jyothi in the school records. Learned

counsel for the petitioner vehemently submits that this

change could not have been brought about without a

decree of competent Court.

2. Learned AGA on request having accepted notice

for the respondents submits that the writ petition is not

maintainable for the relief of the kind; having so opposed

the petition now he fairly submits that he would instruct

his clients to look into the grievance of the petitioner as

has been reflected in the Legal Notice dated 26.12.2013 a

copy whereof is at Annexure -D, in accordance with law

and in a time bound way. This is a happy response

coming from the State authorities.

In the above circumstances, this writ petition is

disposed off.

Time for compliance is eight weeks from the day a

copy of this judgment is handed to the answering

respondents.

All contentions are kept open.

No costs.

Sd/-

JUDGE

Bsv