Smt Pooja vs The Commissioner
2022 Latest Caselaw 536 Kant

                             1



       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 12TH DAY OF JANUARY, 2022

                           BEFORE

     THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

          WRIT PETITION NO.22392 OF 2021 (LB-BMP)

BETWEEN:

SMT. POOJA
W/O SRI. J. KARTHIK,
AGED ABOUT 26 YEARS,
R/AT NO.46/2, 8TH CROSS,
MAGADI ROAD,
BENGALURU - 560 023.
                                             ...PETITIONER
(BY SRI NAGAIAH, ADVOCATE)

AND:

1.     THE COMMISSIONER
       BRUHAT BENGALURU MAHANAGARA PALIKE,
       BENGALURU - 560 002.

2.     THE HEALTH OFFICER (WEST)
       BRUHAT BENGALURU MAHANAGARA PALIKE,
       BHASHYAM PARK, SAMPIGE ROAD,
       MALLESHWARAM,
       BENGALURU - 560 003.

                                          ...RESPONDENTS
(BY SRI K.V. BATHE GOWDA, ADVOCATE)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
                                        2



IMPUGNED ENDORSEMENT ISSUED BY RESPONDENT                                NO.2
DATED 21.08.2021 VIDE ANNEXURE-B AND ETC.,

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THROUGH VIDEO CONFERENCE, THE
COURT MADE THE FOLLOWING:

                                 ORDER

The petitioner filed a suit for declaration to declare that she

is the natural daughter of Smt. B.B. Shylaja and late

M.E. Srikantaiah @ Neelakantaiah M.E. @ M.E. Srikanth. The

said suit came to be decreed by the jurisdictional Civil Court by

judgment and decree dated 02.06.2021, declaring that the

petitioner is the natural daughter of Smt. B.B. Shylaja and late

M.E. Srikantaiah @ Neelakantaiah M.E. @ M.E. Srikanth and it

was further declared that defendant No.5 namely,

Sri. S. Sharanappa is not the legally wedded husband of late

B.B. Shylaja.

2. Thereafter, the petitioner submitted an application so

as to issue death certificate of B.B. Shylaja correcting her

husband's name as M.E. Srikantaiah @ Neelakantaiah M.E. @

M.E. Srikanth. However, the respondent-BBMP has issued an

endorsement rejecting the application on the ground that the

name of the husband of deceased B.B. Shylaja is shown as

S. Sharanappa in the death certificate and as such, the same

cannot be considered.

3. I have considered the submissions made by the

learned counsel for the parties.

4. The jurisdictional Civil Court in O.S. No.1232/2015

has declared that defendant No.5 i.e., S. Sharanappa is not the

legally wedded husband of deceased B.B. Shylaja. Hence, the

impugned endorsement issued by respondent-BBMP stating that

the petitioner has to obtain a specific order from the

jurisdictional Civil Court is not sustainable in law. Accordingly, I

pass the following:

ORDER

i. The writ petition is allowed.

ii. Impugned endorsement dated 21.08.2021 issued

by respondent No.2-BBMP at Annexure-B stands

quashed.

iii. Respondent-BBMP is directed to issue death

certificate of B.B. Shylaja by showing the name of

her husband as M.E. Srikantaiah @ Neelakantaiah

M.E. @ M.E. Srikanth.

iv. This exercise shall be completed within a period

of six weeks from the date of receipt of certified

copy of this order.

Sd/-

JUDGE

MBM