Bangalore District Court
Shashank Raju R P vs State Of Karnataka on 25 March, 2025
KABC010101472024
IN THE COURT OF XVII ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE,
BENGALURU (C.C.H.16)
Dated this 25th Day of March, 2025
PRESENT: K. Vidya, B.Sc., M.A., LL.M.,
XXXIX Additional City Civil &
Sessions Judge, Bengaluru City.
C/C XVII Additional City Civil & Sessions
Judge, Bengaluru City.
O.S.No.2741/2024
Plaintiff/s: Sri. Shashank Raj R.P.
S/o Ramadas. R,
Aged about 28 years,
R/at No.2/2, S.P. Road,
P.R. Lane, K.B.R. Complex,
Bengaluru - 560 002.
(By Sri.Bhaskar Babu H.J., Adv.)
-Vs-
Defendant/s: 1. The State by Karnataka,
By its Chief Secretary,
Vidhana Soudha,
2
O.S.No.2741/2024
Bengaluru-560001.
2. Anjuman High School
Rep. by its Head Master,
Situated at Anjuman Estate,
Near Bus Stand, Fort Dharwad,
Dharwad, Hubballi Urban Taluk,
Dharwad - 580 001.
3. Block Education Officer
Dharwada Shahara Zone
Dharward City Division,
Dharward - 580 001.
4. The Secretary
Karnataka Secondary Education
Examination Board,
6th Cross, Malleshwaram,
Bengaluru - 560 003.
5. Vijaya Pre-University College
Rep. by its Principal,
11th Main, Jayanagar 4th Block,
Bengaluru - 560 011.
6. Department of Pre-University
Education, Rep. by its Director
18th Cross Road, Sampige Road,
Malleshwaram,
Bengaluru - 560 012.
7. Government Ramnarayan
Challaram College
Rep by its Principal
College of Commerce and
Management, Palace Road,
Bengaluru 560 001.
3
O.S.No.2741/2024
8. Bengaluru City University
Rep by its Registrar
Central College Campus,
Dr. Ambedkar Veedhi,
Bengaluru - 560 001.
(D.1, 3 & 4 by 2nd ADGP advocate)
(D2, 5 to 8 Ex-parte)
Date of institution of the suit 16.04.2024
Nature of the suit Declaration
Date of commencement of 22.11.2024
recording the evidence
Date on which the judgment 25.03.2025
was pronounced
Total duration Year Months Days
00 11 09
(K.VIDYA)
C/c XXXIX Additional City Civil &
Sessions Judge, Bengaluru City.
4
O.S.No.2741/2024
JUDGMENT
That, the instant suit is filed by the Plaintiff for declaration to declare that his mother name is "Punyavathi.R.P." and to direct the Defendants to rectify / correct the name of the Plaintiff's mother as "Punyavathi.R.P." in lieu of "Punayavathi.R.P." in all relevant records by way of directions through Mandatory Injunction.
1. The factual matrix of the plaint averments leading to cause of action is as follows:-
i. That, the name of the Plaintiff's mother originally was Punyavathi.R.P. but to the dismay 5 O.S.No.2741/2024 in all vital records issued by competent authorities such as 10th standard marks card, I and II PUC marks cards and convocation certificate of M.Com Degree certificate of the Plaintiff except Aadhar card and Voter ID card of the Plaintiff's mother wherein which it was mentioned as Punyavathi.R.P. akin to this the Plaintiff had approached the Defendants for correction of his name in all said pivotal records as Punyavathi.R.P. inlieu of Punayavathi.R.P. but, the Defendants had failed to render plausible information and 6 O.S.No.2741/2024 instructed to approach the Court of law for necessary corrections. ii. That, the Plaintiff had caused statutory notice to the Defendants craving to rectify and record his name as Punyavathi.R.P. in his Secondary School Leaving Certificate (herein S.S.L.C. for brevity) marks card, I and II Pre- University marks cards and convocation certificate of Masters in Commerce Degree in lieu of Punyavathi.R.P. iii. That, the cause of action for the suit arose on 29/07/2017 and subsequent dates within jurisdictional limits of this court. 7
O.S.No.2741/2024
2. That, after due service of summons to Defendants, Defendants No.1, 3 and 4 appeared before the court through learned District Government Pleader and the Defendants No.2, 5 to 8 did not appear before Court and were placed exparte by the order of this Court.
3. That, the Defendant No.3 in its written statement urged that the suit of the Plaintiff is neither maintainable in law or on facts and further as per circular issued by the Commissioner of Education Department, there is no provision to change the name of Plaintiff in 8 O.S.No.2741/2024 his or her school records and there is no cause of action, hence on these amongst other grounds prayed for the dismissal.
4. That, based on the foregoing pleadings, this court had framed the following:-
ISSUES
1. Whether the Plaintiff proves that the name of the mother of the Plaintiff being Punyavathi.R.P. was erroneously mentioned as Punayavathi.R.P. in lieu of Punyavathi.R.P.?9
O.S.No.2741/2024
2. Whether the Plaintiff is entitled to relief of declaration and mandatory injunction by way of Directions to be issued as against the Defendants to effect the change in the name by way of rectification?
3. What Order or Decree?
5. That, during trial the Plaintiff in support of his case himself had got examined perse as PW1 and in furtherance to oral evidence during ocular evidence got exhibited documents at Ex.P.1 to Ex.P.35.
10
O.S.No.2741/2024
6. On contra, during rebuttal amongst Defendants neither lead oral evidence nor got exhibited any documents on their behalf.
7. That, Heard the arguments addressed by Learned Counsels and District Government Pleader on their respective sides.
8. That, after careful perusal of materials on records and marshalling the facts and circumstances of the case, the findings given on the issues cited supra are as under:-
Issue No.1: In the affirmative Issue No.2: In the affirmative 11 O.S.No.2741/2024 Issue No.3: As per the final order for the following:-
::REASONS::
9. Issue No.1 & 2:- As these two issues are intricated and interlaced they are taken together for consideration to avoid repetition of facts and appreciation of evidence.
10. It is evident from records, that the Plaintiff has filed the instant suit for declaration and mandatory injunction by way of directions to Defendant to rectify the name of the mother of the Plaintiff in all relevant records on the grounds that his mother's name 12 O.S.No.2741/2024 Punyavathi.R.P. was erroneously mentioned as Punayavathi.R.P. in Secondary School Leaving Certificate Marks Sheet, I & II Pre- University marks cards and convocation certificate of Master Degree certificate in Commerce issued by competent authorities on the count that akin to the rules and regulations coined by Aadhaar Act the entries, such as name of the child, its father name, in the school records cannot be changed without a decree by a competent court of law and in view of the same sought declaration to that effect.
13
O.S.No.2741/2024
11. That, during Trial, in order to bring home the bone of contention and to substantiate his stand, Plaintiff got examined perse as PW.1 who has deposed in consonance with the plaint averments, in furtherance to this during ocular evidence, got exhibited documents at Ex.P1 to Ex.P35 respectively. Wherein, Ex.P.1 is the notarized copy of Aadhaar card of mother of the Plaintiff, wherein the name of Plaintiff's mother is mentioned as Punyavathi R.P. Ex.P.2 is the notarized copy of voter Identity Card card of mother of the Plaintiff issued by Electrol Commission of 14 O.S.No.2741/2024 India, wherein the name of Plaintiff's mother is mentioned as Punyavathi R.P. Ex.P.3 to 5 are the identity cards of the Plaintiff. Ex.P.6 is the notarized Aadhaar card of the Plaintiff. Ex.P.7 is the voter ID card of the Plaintiff. Ex.P.8 is the school register maintained by the School Authorities where the Plaintiff was pursuing his education. Ex.P.9 is the S.S.L.C marks card of the Plaintiff, wherein name of parents of the Plaintiff is mentioned as Mr.Ramadas R and Punayavathi R.P. Ex.P.10 is the transfer certificate of the Plaintiff, wherein name of parents of the Plaintiff is 15 O.S.No.2741/2024 mentioned as Mr.Ramadas and Punayavathi. Ex.P.11 & 12 are the Pre-University marks cards of the Plaintiff, wherein name of parents of the Plaintiff which reveals that the name is mentioned as Mr.Ramadas R and Punayavathi R.P. Ex.P.13 is the School Transfer Certificate of the Plaintiff issued in the name of Plaintiff where the Plaintiff was pursuing his education, wherein name of parents of the Plaintiff is mentioned as Mr.Ramadas R and Punyavathi R.P. Ex.P.14 is the application for admission for Commerce Degree, wherein name of parents of the Plaintiff is 16 O.S.No.2741/2024 mentioned as Mr.Ramadas R and Punyavathi R.P. Ex.P.15 to 20 are the statements of marks sheet maintained by College Authorities in respect of Commerce Degree of the Plaintiff. Ex.P.21 is the degree convocation certificate of the Plaintiff. Ex.P.22 is the Transfer Certificate of the Plaintiff. Ex.P.23 is the preview application of the Plaintiff, wherein name of parents of the Plaintiff is mentioned as Mr.Ramadas R and Punayavathi R.P. Ex.P.24 is the fee challan of the Plaintiff. Ex.P.25 comprises fee payment receipt. Ex.P.26 and 27 comprises two applications given by the Plaintiff. Ex.P.28 is the 17 O.S.No.2741/2024 endorsement issued by the Defendant No.3. Ex.P.29 is the bank pass book of mother of the Plaintiff. Ex.P.30 is the bank pass book of the Plaintiff. Ex.P.31 is the birth certificate of the Plaintiff issued by Competent Authorities, wherein name of parents of the Plaintiff is mentioned as Mr.Ramadas R and Punyavathi R.P. Ex.P.32 is the Aadhaar card of father of the Plaintiff issued by Unique Identification Authority of India. Ex.P.33 is the driving license of the Plaintiff by Karnataka Road and Transport Corporation. Ex.P.34 is the Permanent Account Number 18 O.S.No.2741/2024 (P.A.N.) card of the Plaintiff issued by competent authority. Ex.P.35 is the leaving certificate of the Plaintiff, wherein name of parents of the Plaintiff is mentioned as Mr.Ramadas R and Punayavathi R.P.
12. That, at this juncture it becomes palpable to state that the oral evidence of P.W.1 is supported and corroborated by the documentary evidence and reveals that name of Plaintiff's mother erroneously mentioned as Punayavathi.R.P. in lieu of Punyavathi.R.P. and in light of which the Plaintiff is intending to rectify the name of his mother 19 O.S.No.2741/2024 as Punyavathi.R.P. in lieu of Punayavathi.R.P.
13. That, at this juncture a Perusal of materials on record, more particularly Ex.P.1, 2, 10, 13, 14 and 31 reveals that the name of Plaintiff's mother is mentioned as Punyavathi.R.P. but to the dismay in other pivotal documents it is merely mentioned as Punayavathi.R.P., hence very soon he had noticed the mistake which had lurked in the pivotal documents such as S.S.L.C marks card, I & II Pre-University marks cards, Preview application and leaving certificate he had taken 20 O.S.No.2741/2024 coercive steps towards rectification of mistake which would cause ambiguity in future walk of life, hence without causing delay had filed the instant suit.
14. That, the Learned Counsel for Plaintiff enthusiastically argued that the name of mother of the Plaintiff was erroneously mentioned as Punayavathi.R.P. in the place of Punyavathi.R.P. and as per the procedure laid by Aadhaar Act, Rules and Regulations which had constrained the Plaintiff to approach court seeking appropriate remedy. Per Contra 21 O.S.No.2741/2024 Learned Counsel representing Defendants argued in tune and terms of Written Statement.
15. That, after hearing Learned Counsel for Plaintiff and Defendants and after careful perusal of materials on record, it is the settle proposition of law that change of name and Act provides a person to change his mother name according to his free will and volition. Assuming for a while an hypothetical situation that Plaintiff is intending to change the name of his mother he cannot be deprived or infringed from exercising his legal and proprietary rights and 22 O.S.No.2741/2024 above all in the suit for mandatory injunction relief dates back to the happening of the event hence impressed upon court to enure reliefs in favour of Plaintiff, per contra to rebut the case of Plaintiff the Defendants have failed to adduce any oral or documentary evidence, hence the evidence of Plaintiff has remained unequivocal, impeachable and uncontroverted.
16. That, Culminating the materials and particulars produced before the court, this court is of the opinion that the name of mother of the Plaintiff "Punyavathi.R.P." as 23 O.S.No.2741/2024 desired by the Plaintiff will not affect or cause any hardship to the Defendants or whomsoever concerned, which the Plaintiff is willing to incorporate in Pivotal Documents and the prayer beseeched by Plaintiff is a statutory right recognized under Section 34 of Specific Relief Act, hence on the backdrop of foregoing observations Issue No.1 & 2 are answered in the Affirmative.
17. Issue No.3: In the result, this court proceed to pass the following:-
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O.S.No.2741/2024 :: ORDER ::
That, the suit filed by the Plaintiff seeking relief of declaration to declare his mother name as "Punyavathi.R.P." in lieu of "Punayavathi.R.P." and to direct the Defendants authorities by way of Mandatory Injunction to rectify same in the records maintained by them is decreed in entirety.
In the said event the name of the mother of the Plaintiff is declared as "Punyavathi.R.P."25
O.S.No.2741/2024 in lieu of "Punayavathi.R.P." by way rectification.
Consequently, the Defendants are hereby
directed to effect rectification in the name of them mother of the Plaintiff as "Punyavathi.R.P." in lieu of "Punayavathi.R.P." in the records maintained by them at the cost and expenses borne by the Plaintiff for the rectification process.26
O.S.No.2741/2024 Having due regards to facts and circumstances of case no order as to costs.
Office to Draw decree
accordingly.
(Directly dictated to the stenographer Grade III over computer system, the computer script generated by her is corrected, rectified and revised by me, and then pronounced in open court on this the 25th day of March, 2025).
(K.VIDYA) XXXIX Additional City Civil & Sessions Judge, Bengaluru City. C/c XVII Additional City Civil & Sessions Judge, Bengaluru City.
ANNEXURES List of witnesses examined for Plaintiff:
P.W.1 Sri.Shashank Raj R.P. List of documents exhibited for Plaintiff:27
O.S.No.2741/2024 Ex.P.1 Notarized copy of Aadhaar card of mother of the Plaintiff.
Ex.P.2 Notarized copy of voter ID card of mother of the Plaintiff.
Ex.P.3 to 5 Identity cards of the Plaintiff. Ex.P.6 Notarized Aadhaar card of the Plaintiff. Ex.P.7 Voter ID card of the Plaintiff. Ex.P.8 School register of the Plaintiff. Ex.P.9 SSLC marks card of the Plaintiff. Ex.P.10 Transfer certificate of the Plaintiff. Ex.P.11 & 12 PUC marks cards of the Plaintiff. Ex.P.13 Transfer certificate of the Plaintiff. Ex.P.14 Application for admission for B.com. Ex.P.15 to 20 Statements of marks of B.Com of the Plaintiff respectively.
Ex.P.21 Degree convocation certificate of the Plaintiff.
Ex.P.22 Transfer certificate of the Plaintiff. Ex.P.23 Preview application of the Plaintiff. Ex.P.24 Fee challan of the Plaintiff. Ex.P.25 Fee payment receipt. Ex.P.26 & 27 Two applications given by the Plaintiff. Ex.P.28 Endorsement given by the Defendants No.3.
Ex.P.29 Bank pass book of mother of the Plaintiff. Ex.P.30 Bank pass book of the Plaintiff. Ex.P.31 Birth certificate of the Plaintif 28 O.S.No.2741/2024 Ex.P.32 Aadhaar card of father of the Plaintiff. Ex.P.33 Driving license of the Plaintiff. Ex.P.34 PAN card of the Plaintiff. Ex.P.35 Leaving certificate of the Plaintiff.
List of witnesses examined for Defendants:
- Nil -
List of documents exhibited for Defendants:
- Nil -
XXXIX Additional City Civil & Sessions Judge, Bengaluru City. C/c XVII Additional City Civil & Sessions Judge, Bengaluru City.
Digitally signed by KALASHETTY KALASHETTY VIDYA VIDYA Date: 2025.04.01 16:38:44 +0530