The Registrar has the power to correct clerical errors in the death certificate without the need for a court order, as provided in Rule 11 of the Karnataka Registration of Birth and Death Rule, 1999.

ORDER :

1. The petitioner is before this Court seeking for the following reliefs;

a. Issue a writ in the nature of Certiorari quashing and setting aside the impugned endorsement bearing No.Aa.Y(Jana)/35/2022-23 dated 23.1.2023 at Annexure-J.

b. Issue a writ in the nature of mandamus directing Respondent No.3 and 4 to rectify the errors in the said Death Certificate at Annexure-D and to issue a fresh certificate after rectifying the said errors.

c. Pass such other relief as this Hon’ble Court deems fit to grant based on the facts and circumstances of the case in the interest of justice and equity.

2. The petitioner is the wife of one late Lakshmi Kantha.S. P who was a Primary School Assistant Master at the Government school in Bagepalli, Chickballapura District who expired on 22.11.2022 at Jayadeva Institute of Cardiology at Jayanagar. The death event was registered on 30.11.2022 by the hospital in terms of the medical certificate issued in Form No.4 and subsequent thereto, the BBMP issued a death certificate on 9.12.2022.

3. On the receipt of the said death certificate, the petitioner realized several discrepancies in the death certificate in as much as the name of the mother of the deceased was shown as “Vijaya Lakshmi Kantha” when it ought to be “Vijaya Lakshmi”, the name of the father of the deceased was recorded as “late P. Reddanna” when it ought to have been “late Peddanna” and the name of the wife ought to have been recorded as “Sai Lakshmi” but has been recorded as “Peddanna”. Hence an application was made on 9.1.2023 for correction of those details enclosing the original Medical Certificate, Family Certificate, Aadhar, Voter ID.

4. By endorsement dated 23.1.2023, the request made by the petitioner has been rejected on the ground that these are the details entered by the hospital and no correction can be made by the BBMP, unless an order from the jurisdictional Court is obtained. It is in that background that the petitioner is before this Court seeking for the aforesaid reliefs.

5. On service of notice, the BBMP has been represented by a counsel who was directed to file an affidavit of the jurisdictional officer explaining the process which is followed in issuance of the death certificate. An affidavit of Sri.H.N.Madhusudan who is a Medical Officer of Health, Jayanagar Sub-Division has been filed, which reads as under;