Bangalore District Court
Chandrakala G Alias Kalavathi vs The Chief Secretary Govt Of Karnataka on 13 November, 2024
KABC010311262023
IN THE COURT OF XXXI ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE AT BENGALURU
Dated this the 13th day of November 2024
Present : SRI.VEDAMOORTHY B.S., B.A.(L)., LL.B.,
XXXI Addl. City Civil & Sessions Judge, Bengaluru (CCH-14)
O.S.No.7583/2023
PLAINTIFF : Smt.Chandrakala G. @ Kalavathi,
W/o Krishna,
Aged about 41 years,
Residing at No.35, 14th Cross,
Chowdappa Layout, Bapujinagar,
Mysuru Road, Bangalore - 560 026.
(By Sri. Venkataraju H.T., Advocate)
V/s
DEFENDANTS : 1. The Chief Secretary,
Government of Karnataka,
Vidhana Soudha,
Bengaluru - 560 001.
2. The Head Master Women's Peace League,
No.36, Shankarmutt Road,
Basavanagudi, Bangalore - 560 004.
3. The D.D.P.I,
Office Kalasipalyam,
Bangalore South Dist,
Bangalore - 02.
2
O.S.No.7583/2023
(By Smt.Mangala R. Angadi, the Learned
1st Additional District Government
Pleader for defendants No.1 and 3 and
Smt.Bhushani Kumar, the learned
Counsel for the 2nd defendant)
Date of institution of the suit. 23.07.2023
Declaration and
Nature of the suit
Mandatory Injunction
Date of the commencement of 10.09.2024
recording evidence
Date on which the Judgment 13.11.2024
was pronounced
Years Months Days
Total duration
01 03 21
(VEDAMOORTHY B.S.)
XXXI Addl. City Civil & Sessions Judge,
Bengaluru.
JUDGMENT
This suit is filed by the plaintiff against the defendants to declare that her name is "Kalavathi" and mandatory injunction directing the defendants to change her name as "Kalavathi" in all her school records and other records. 3
O.S.No.7583/2023
2. The brief facts of the case of the plaintiff are that she studied at the 2nd defendant school till 9th standard in the year 1995-96. She discontinued in her studies after 9 th standard. In the school records, her name is mentioned as "Chandrakala G." instead of "Kalavathi". Her correct name is "Kalavathi". She she applied for School Transfer Certificate. At that time, she came to know about the said mistake. She requested the defendants to correct her name as "Kalavathi" instead of "Chandrakala G.". But, the defendants have postponed the same on one or the other reason. But, they did not correct the name of the plaintiff in the school records. The 2 nd defendant refused to give School Transfer Certificate in the name of "Kalavathi" as her name was entered as "Chandrakala G." at the time of admitting her in the school and the same name was mentioned in the Admission Register of the plaintiff. But, all other records of the plaintiff, her name is mentioned as "Kalavathi". On 27.06.2023, she declared through an affidavit stating that her name is "Kalavathi". She has also published a Public Notice in Kannada Prabha and Indian 4 O.S.No.7583/2023 Express daily newspapers dated 15.07.2023 in that regard. On 25.07.2023, the plaintiff issued the Legal Notices to the defendants requesting them to correct her name in their school records. The said notices were duly served on the defendants. But, the defendants have neither replied nor obliged the request of the plaintiff. Hence, the plaintiff has filed this suit.
3. After due service of summons to the defendants, they have appeared before this Court. Among them, the 2nd defendant has not filed the written statement. The 3 rd defendant has filed their written statement. The 1 st defendant adopted the written statement of the 3 rd defendant by filing the Memo that to effect.
4. In the written statement, the 3rd defendant has contended that the suit is not maintainable either in law or on facts. The allegations made in the plaint are false. The defendants cannot act to the whims and fancies of the plaintiff. They shall abide by the Rules and Regulations of the Department. Based on the particulars furnished by the 5 O.S.No.7583/2023 parents of the plaintiff supporting with the documents, the name of the plaintiff will be entered in the school records during her admission and the same is continued and reflected in the school records of the plaintiff. As per the circular issued by the Commissioner of Education Department, there is no provision to change the name of the plaintiff in the school records. There is no mistake or fault of the part of the defendants in wrong entry of the name of the plaintiff in the school records. Without the fault of the defendants, the plaintiff dragged the defendants to this Court. Hence, prayed to dismiss the suit.
5. Based on the above pleadings of the parties, the following Issues are framed;
1. Whether the plaintiff proves that her name is Kalavathi?
2. Whether the plaintiff is entitled for the reliefs as prayed ?
3. What order or decree?
6. To prove the above issues, on the part of the plaintiff, she is examined as PW1. She has produced the documentary 6 O.S.No.7583/2023 evidences Ex.P1 to Ex.P19. The defendants have not produced any evidences either oral or documentary. Heard the arguments of the learned Counsels for the plaintiff and the defendants. Perused the materials available on record.
7. My answers to the above Issues are as follows;
Issue No.1 : In the Affirmative;
Issue No.2 : In the Affirmative;
Issue No.3 : As per final order for the following;
REASONS
8. ISSUE No.1 :- To prove this Issue, the plaintiff has produced her oral evidences as PW1. She filed her affidavit by way of examination-in-chief wherein she has reiterated the plaint averments. She has also produced the documentary evidences Ex.P1 to Ex.P19. Among them, Ex.P1 is the Marriage Invitation Card of the plaintiff, Ex.P2 is the Office copy of the Legal Notice issued to the defendants, Ex.P3 to Ex.P5 are the Postal Receipts, Ex.P6 to Ex.P8 are the Postal Acknowledgments, Ex.P9 is the Affidavit, Ex.P10 and Ex.P11 are the Public Notice published in the Newspapers, Ex.P12 is the Progress Report of the son of the plaintiff by name Sai 7 O.S.No.7583/2023 Vishal, Ex.P13 is the Information Book of the son of the plaintiff by name Surya K., Ex.P14 is the Bank Passbook of the plaintiff, Ex.P15 is the Aadhar Card of the plaintiff, Ex.P16 is the Election ID Card of the plaintiff, Ex.P17 is the PAN Card of the plaintiff, Ex.P18 is the Ration Card of the plaintiff and Ex.P19 is the School Transfer Certificate of the plaintiff.
9. The above evidences produced by the plaintiff are tested through the cross-examination on behalf of the defendants. Nothing has been elicited in the cross-examination of PW1 to disbelieve the above evidences produced by the plaintiff. The defendants have not produced any evidences either oral or documentary.
10. On perusal of the above evidences, it appears that the correct name of the plaintiff is "Kalavathi" and in her school records, her name is mentioned as "Chandrakala G.". It further appears that except in the School Transfer Certificate produced at Ex.P19, in all her records and the records of her children, her name is mentioned as "Kalavathi". Therefore, 8 O.S.No.7583/2023 the plaintiff has proved that her name is "Kalavathi". Hence, I answer Issue No.1 in the Affirmative.
11. ISSUE No.2:- This suit is filed by the plaintiff against the defendants to declare that her name is "Kalavathi" and mandatory injunction directing the defendants to change her name as "Kalavathi" in all her school records and other records. For the reasons stated in issue No.1, the plaintiff has proved that her name is "Kalavathi". It appears that except in the school record of the plaintiff, in all other documents of the plaintiff, her name is mentioned as "Kalavathi". But, in the school records of the plaintiff, her name is mentioned as "Chandrakala G.". Therefore, the plaintiff is entitled for the reliefs as prayed in this suit. Hence, I answer Issue No.2 in the Affirmative.
12. ISSUE No.3 :- In view of the findings on Issue No.2, the suit of the plaintiff is liable to be decreed as prayed. Hence, I proceed to pass the following;
ORDERS The suit of the plaintiffs is hereby decreed.
9
O.S.No.7583/2023 It is hereby declared that the name of the plaintiff is "Kalavathi".
The defendants are hereby directed by way of mandatory injunction to correct the name of the plaintiff as "Kalavathi" instead of "Chandrakala G." in their school records of the plaintiff.
Since the entry of the wrong name of the plaintiff in her school records is not due to the mistake of the defendants, the plaintiff shall bear the costs of the suit.
Draw the decree accordingly.
(Dictated to the stenographer, typed by her, printout taken, corrected and then pronounced by me in the open court today on this the 13th day of November 2024).
(VEDAMOORTHY.B.S) XXXI Addl. City Civil & Sessions Judge, Bengaluru.
ANNEXURE List of witnesses examined for Plaintiff :-
PW1 : Chandrakala G. @ Kalavathi.
10
O.S.No.7583/2023
List of documents exhibited for Plaintiff :-
Ex.P1 : Marriage Invitation Card, Ex.P2 : Office copy of the Legal Notice, Ex.P3 to 5 : Postal Receipts, Ex.P6 to 8 : Postal Acknowledgments, Ex.P9 : Affidavit, Ex.P10 & 11 : Paper Publications, Ex.P12 : Progress Report, Ex.P13 : Information Book, Ex.P14 : Bank Passbook, Ex.P15 : Aadhar Card, Ex.P16 : Election Identity Card, Ex.P17 : PAN Card, Ex.P18 : Ration Card. Ex.P19 : School Transfer Certificate.
List of witnesses examined for the Defendants :-
NIL List of documents exhibited for the Defendants :-
NIL (VEDAMOORTHY.B.S) XXXI Addl. City Civil & Sessions Judge, Bengaluru.Digitally signed by VEDAMOORTHY
VEDAMOORTHY B S BS Date:
2024.11.13 17:38:45 +0530