IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 7031 OF 2026 (LB-BMP)

BETWEEN:

1. SMT. PANCHAKSHARI.H M, W/O.LATE.MUNIRAJU, AGED ABOUT 58 YEARS, PRESENT RESIDING AT NO.408, NEAR BHEL LAYOUT 2^ND STAGE BEHIND FALCON RESTAURANT RAJARAJESHWARI NAGAR VTC, BANGALORE SOUTH TALUK, BENGALURU - 560 098.

OLD ADDRESS:

G-6, ANJAN APARTMENT, 2^ND MAIN ROAD, 4^TH CROSS, D igitally OPP HIMAYAN APARTMENT, signed by COCONT GARDEN, GEETHA P G NAGARABHAVI MAIN RAOD, Location:

BANGALORE NORTH, HIGH COURT OF BANGALORE-560072.

KARNATAKA …PETITIONER (BY SRI. PRAKASH K.G., ADVOCATE)

AND:

1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, VIDHANA SOUDHA AMBEDKAR VEEDHI BENGALURU - 560 001.

2. ASSISTANT DIRECTOR (STATISTICS) CUM REGISTRAR OF BIRTHS AND DEATHS BRUHAT BENGALURU MAHANGARA PALIKE BHASHYAM PARK, SAMPIGE ROAD MALLESWARAM BENGALURU - 560 063.

3. THE COMMISSIONER BHURAT BENGALURU MAHANGARA PALIKE N. R. SQUARE BENGALURU - 560 002.

…RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R1 SRI. ARVIND M. NEGLUR, ADVOCATE FOR R2 AND R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 05.08.2025 ISSUED BY THE 3^RD RESPONDENT PRODUCED AS ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.I.ARUN

ORAL ORDER

The petitioner approached respondent No.2 seeking change of the name of her deceased father in the death certificate from "Chaluvaraju" to "Munishamappa". However, the same has been rejected on the ground that there has been a substantial difference in the name sought to be changed and the same is not permissible. Aggrieved by the same, the present writ petition is filed with a prayer to direct respondent No.2 to change the name in the death certificate from Chaluvaraju to Munishamappa and also to set aside the impugned endorsement issued by respondent No.2, who states the same is not possible.

2. Section 15 of the Registration of Births and Deaths Act, 1969 reads as under:

"15. Correction or cancellation of entry in the register of births and deaths.—If it is proved to the satisfaction of the Registrar that any entry of a birth or death in any register kept by him under this Act is erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such rules as may be made by the State Government with respect to the conditions on which and the circumstances in which such entries may be corrected or cancelled, correct the error or cancel the entry by suitable entry in the margin, without any alteration of the original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation."

3. The said section empowers the jurisdictional Registrar to correct the name even if it is substantially different from what has been earlier entered in the death certificate. However, the same can be done after conducting a due enquiry and after the Registrar satisfying himself that there has been a genuine mistake in the name of the deceased entered in the death certificate. 4. Admittedly, no such enquiry has been conducted in the instant case and the impugned endorsement has been issued only on the ground that the name sought to be changed in the death certificate is completely different from what has been earlier entered.

This in my opinion is erroneous.

5. Hence, the following:

ORDER

i. The Writ Petition is hereby disposed of.

ii. The impugned endorsement dated 05.08.2025 issued by respondent No.2 vide Annexure-A to the writ petition is hereby set aside.

iii. The jurisdictional Registrar of Births and Deaths of the concerned Corporation coming under the Greater Bengaluru Authority is directed to conduct the necessary enquiry as contemplated under Section 15 of the Registration of Births and Deat