Bangalore District Court
Smt. Madamma vs The Health Officer on 13 December, 2016
Govt. Of Karnataka
C.R.P.67] TITLE SHEET FOR JUDGMENTS IN SUITS
Form No.9(Civil) AT MAYOHALL UNIT, (CCH-29) BENGALURU.
Title sheet for
Judgment in suits
(R.P.91)
Present :- Present: Sri J.R.Mendonca, B.A.L, LL.B.
Dated: This the 13th day of December, 2016
Original suit No.25284/2015
Plaintiff:- Smt. Madamma,
Wife of late Manchaiah @
Thammaiah, Aged about 63 years,
R/at Hosakote Village,
Harohalli Hobli, KanakapuraTaluk,
Ramanagar District.
Presently residing at No.534, 16th
Cross, Indiranagar 2nd Stage,
Bangalore-560 038.
(By Pleader Smt. Abiramavalli.S Adv.,)
V/s.
Defendant:- The Health Officer,
South Circle,
Office of the Joint Commissioner,
2nd Block, 9th Cross,
Jayanagar, Bangalore-560011.
(By Pleader- Sri.K.N. Srikanta Dutta Adv.,)
2 OS. 25284/2015
Date of Institution of the suit 17.3.2015
Nature of the (Suit or pro-note, suit for Declaration
declaration and possession, suit for
injunction, etc.)
Date of the commencement of recording of 29.9.2016
the Evidence
Date on which the Judgment was 13.12.2016
pronounced
Year/s Month/s Days
Total duration 01 08 26
*****
JUDGMENT
This suit is filed by the Plaintiff to declare that the name of the Plaintiff's husband is Manchaiah @ Thammaiah S/o Mayanna and to direct the Defendant to enter the correct name of the Plaintiff's husband in the death certificate as Manchaiah @ Thammaiah S/o Mayanna in the place of Thammayyanna S/o Manchaiah.
3 OS. 25284/2015
2. The brief facts of the case of the Plaintiff are as follows:-
The Plaintiff's husband's correct name is Manchaiah. He was also known as Thammaiah and he died on 19.1.2012 at KIMS Hospital, Bengaluru. When the Plaintiff applied for the death certificate from the BBMP Authorizes, the Plaintiff came to know that her husband's name is wrongly mentioned as Thammayyanna instead of Manchaiah @ Thammaiah and the father's name was wrongly entered as Manchaiah instead of Mayanna. The Plaintiff approached the BBMP Authorities to correct the same. But, the BBMP Authorities have issued an endorsement directing the Plaintiff to obtain an order from the Court to rectify the said mistake. The Plaintiff has stated that the name of the Plaintiff's husband is entered in the mutation register as Manchaiah @ Thammaiah is correct. During his lifetime the Plaintiff's husband was also known as Manchaiah @ Thammaiah. The Plaintiff's husband was a member of Harohally Vyavasaya Seve Sahakara Sangha Niyamitha, Harohally, Kanakapura Taluk, Bengaluru. The said society has issued an 4 OS. 25284/2015 endorsement on 11.4.1983 mentioning the name of the husband of Plaintiff as Manchaiah @ Thammaiah S/o Mayanna. The Plaintiff requires the death certificate for her use by correcting her husband's name. The Plaintiff has stated that there are no other motives for the change of the name and it is sought for bonafide and genuine reasons. Therefore, the Plaintiff has prayed to decree the suit.
3. The Defendant has appeared through his Counsel and has filed the written statement.
4. In the written statement he has denied the entire plaint averments. The Defendant has stated that as per Section 15 of the Birth and Death Registration Act the only correction of clerical and minor mistakes are permitted. The Plaintiff has sought for change of name of her deceased husband and also the name of the father of the deceased, which is not permissible. The Plaintiff has not issued the statutory notice under Section 482 of KMC Act. Therefore, the suit is not maintainable. Hence, the Defendant has prayed to dismiss the suit.
5 OS. 25284/2015
5. On the basis of the above rival pleadings, the following issues have been framed by my learned Predecessor in office:-
1. Whether the plaintiffs prove that the name of her husband is Manchaiah @ Thammaiah S/o Mayanna?
2. Whether the Plaintiff proves that the Defendant is liable to correct the name of her husband in the death certificate?
3. Whether the Plaintiff is entitled for the relief's claimed in the plaint?
4. What order or decree?
6. To prove her case, the Plaintiff got herself examined as PW.1 and got marked documents as per Ex.P.1 to Ex.P.3 and the side of the Plaintiff was closed. The Defendant has not led any evidence in his defence.
7. Heard the Smt. Abiramavalli.S counsel for the Plaintiff and Sri.K.N. Srikanta Dutta, counsel for the Defendant. 6 OS. 25284/2015
8. My answer to the above issues is as follows:-
Issue No.1 : In the Affirmative.
Issue No.2 : In the Affirmative.
Issue No.3 : In the Affirmative.
Issue No.4 : As per the final order for the
following:-
REASONS
9. Issue No.1:- The Plaintiff who got herself examined as PW.1, has reiterated the plaint averments. She has stated that her husband's correct name is Manchaiah and he was also called as Thammaiah and he died on 19.1.2012 at KIMS Hospital. She has stated that her son-in-law admitted her husband to the hospital. She has stated that it may be true that her son-in-law is wrongly given her husband's name as Thammayyanna S/o Manchaiah. She has denied that the suit is filed in order to grab the property in the name of Thammaiah. Ex.P.1 is the death certificate wherein the name of the deceased is shown as Thammayyanna S/o Manchaiah. The date of death is 19.1.2012 and the place of death is KIMS 7 OS. 25284/2015 Hospital, the address of the deceased is Hosakote, Kanakapura Taluk, Ramanagara District. Ex.P.2 is the reply given by the BBMP stating that the name cannot be corrected in the death certificate and the Plaintiff can approach the Court. Ex.P.3 is the mutation register extract passed on 20.6.2008 and in the said document the khata is changed in the name of Manchaiah @ Thammaiah S/o Late Mayanna. Ex.P.3 shows that the husband of the Plaintiff was also known as Thammaiah and his name is Manchaiah @ Thammaiah. The death particulars in the death certificate is entered as per the information given by the hospital. The hospital has given the information as per their records. The Plaintiff has stated that it was her son-in-law who had admitted her husband to the hospital. Therefore, as Manchaiah was also known as Thammaiah giving his name as Thammayyanna is acceptable. This Court does not find any ulterior motive or malafide intention in filing this suit. Therefore, it has to be held that the correct name of the Plaintiff's husband is Manchaiah @ Thammaiah S/o Mayanna. Hence, the Issue No.1 is answered in the Affirmative.
8 OS. 25284/2015
10. Issue No.2:- The death certificate of a person is needed for the legal heirs for various purpose and it is necessary that in the death certificate the correct particulars are to be stated. As there is a mistake in the death certificate the same has to be corrected. The Defendant being the competent authority to correct the same and as per Ex.P.2 the BBMP has directed to approach the Defendant for further correspondence and the Defendant must be directed to correct the same. Hence, Issue No.2 is answered in the Affirmative.
11. Issue No.3: This Court doesnot find any impediment to grant the relief claimed. In view of my answer to Issue Nos.1 and 2 in the Affirmative, the Plaintiff is entitled for the reliefs claimed. Hence Issue No.3 is answered in the Affirmative.
12. Issue No.4: In the result, this court proceeds to pass the following:
9 OS. 25284/2015
ORDER The suit of the Plaintiff is decreed with no order as to costs. It is declared that the correct name of the husband of the Plaintiff is Manchaiah @ Thammaiah S/o Mayanna.
The Defendant is directed to correct the name of the husband of Plaintiff in the register of Births and Deaths, which is registered as KEM/D/2012/00441/000283 on 31.1.2012 in the place of Thammayyanna as Manchaiah and the father name of the deceased as Mayanna in the place of Manchaiah and to issue the fresh death certificate.
[Dictated to the Stenographer, computerized transcript thereof corrected, signed and then pronounced by me in the open Court on this the 13th day of December, 2016].
[ J.R.MENDONCA ], XXVIII Addl. City Civil & Sessions Judge, Mayohall, Bangalore.10 OS. 25284/2015
ANNEXURE
1. List of witnesses examined for the plaintiff :-
P.W.1 : Smt. Madamma. 2. List of documents marked :- Ex.P.1 : Death Certificate of her husband. Ex.P.2 : Acknowledgment issued by BBMP. Ex.P.3 : Certified copy of order regarding transfer of title.
3. List of witnesses examined by the defendant:
None
4. List of documents marked by the defendant:
NIL (J.R.Mendonca), XXVIII ACC & SJ, B'luru.11 OS. 25284/2015
Judgment pronounced in open Court as under :- (vide order separately) ORDER The suit of the Plaintiff is decreed with no order as to costs. It is declared that the correct name of the husband of the Plaintiff is Manchaiah @ Thammaiah S/o Mayanna. 12 OS. 25284/2015
The Defendant is directed to correct the name of the husband of Plaintiff in the register of Births and Deaths, which is registered as KEM/D/2012/00441/000283 on 31.1.2012 in the case of Thammayyanna as Manchaiah and the father name of the deceased as Mayanna in the place of Manchaiah and to issue the fresh death certificate.
(J.R.Mendonca), XXVIII ACC & SJ, B'luru.13 OS. 25284/2015
Govt. Of Karnataka C.R.P.67] TITLE SHEET FOR JUDGMENTS IN SUITS Form No.9(Civil) AT MAYOHALL UNIT, (CCH-29) BENGALURU. Title sheet for Judgment in suits (R.P.91) Present :- Present: Sri J.R.Mendonca, B.A.L, LL.B. Dated: This the 14th day of December, 2016 Original suit No.25284/2015 Plaintiff:- Smt. Madamma, Wife of late Manchaiah @ Thammaiah, Aged about 63 years, R/at Hosakote Village, Harohalli Hobli, KanakapuraTaluk, Ramanagar District.
Presently residing at No.534, 16th Cross, Indiranagar 2nd Stage, Bangalore-560 038.
(By Pleader Smt. Abiramavalli.S Adv.,) V/s.
Defendants:- The Health Officer, South Circle, Office of the Joint Commissioner, 2nd Block, 9th Cross, Jayanagar, Bangalore-560011.14 OS. 25284/2015
(By Pleader- Sri.K.N. Srikanta Dutta Adv.,) Date of Institution of the suit 17.3.2015 Nature of the (Suit or pro-note, suit for Declaration declaration and possession, suit for injunction, etc.) Date of the commencement of recording of 29.9.2016 the Evidence Date on which the Judgment was 13.12.2016 pronounced Year/s Month/s Days Total duration 01 08 26 ***** JUDGMENT This suit is filed by the Plaintiff to declare that the name of the Plaintiff's husband is Manchaiah @ Thammaiah S/o Mayanna and to direct the Defendant to enter the correct name of the Plaintiff's husband in the death certificate as Manchaiah @ 15 OS. 25284/2015 Thammaiah S/o Mayanna in the place of Thammayyanna S/o Manchaiah.
6. The brief facts of the case of the Plaintiff are as follows:-
The Plaintiff's husband's correct name is Manchaiah, he was also known as Thammaiah and he was died on 19.1.2012 at KIMS Hospital, Bengaluru. When the Plaintiff applied for the death certificate from the BBMP Authorizes. The Plaintiff came to know that her husband name is wrongly mentioned as Thammayyanna instread of Manchaiah @ Thammaiah and the father name was wrongly entered as Manchaiah instead of Mayanna. The Plaintiff approached the BBMP Authorities to correct the same. But, the BBMP Authorities have issued endorsement directing the Plaintiff to obtain an order from the Court to rectify the said mistake. The Plaintiff has stated that the name of the Plaintiff's husband is entered in the mutation register as Manchaiah @ Thammaiah is correct. During his lifetime the Plaintiff's husband was also known as Manchaiah @ Thammaiah. The Plaintiff's husband was a member of 16 OS. 25284/2015 Harohally Vyavasaya Seve Sahakara Sangha Niyamitha, Harohally, Kanakapura Taluk, Bengaluru. The said society has issued an endorsement on 11.4.1983 mentioning the name of the husband of Plaintiff as Manchaiah @ Thammaiah S/o Mayanna. The Plaintiff requires the death certificate for her use by correcting her husband's name. The Plaintiff has stated that there are no other motives for the change of the name and it is sought for bonafide and genuine reasons. Therefore, the Plaintiff has prayed to decree the suit.
3. The Defendant has denied the entire plaint averments. The Defendant has stated that as per Section 15 of the Birth and Death Registration Act the only correction of clerical and minor mistakes are permitted. The Plaintiff has sought for change of name of her deceased husband and also the name of the father of the deceased, which is not permissible. The Plaintiff has not issued the statutory notice under Section 482 of KMC Act. Therefore, the suit is not maintainable. Hence, the Defendant has prayed to dismiss the suit. 17 OS. 25284/2015
4. On the basis of the above rival pleadings, the following issues have been framed by my learned Predecessor in office:-
5. Whether the plaintiffs prove that the name of her husband is Manchaiah @ Thammaiah S/o Mayanna?
6. Whether the Plaintiff proves that the Defendant is liable to correct the name of her husband in the death certificate?
7. Whether the Plaintiff is entitled for the relief's claimed in the plaint?
8. What order or decree?
5. To prove her case, the Plaintiff got herself examined as PW.1 and got marked documents as per Ex.P.1 to Ex.P.3 and the side of the Plaintiff was closed. The Defendant has not led any evidence in his defence.
6. Heard the Smt. Abiramavalli.S counsel for the Plaintiff and Sri..K.N. Srikanta Dutta, counsel for the Defendant.
7. My answer to the above issues is as follows:-
Issue No.1 : In the Affirmative.
18 OS. 25284/2015
Issue No.2 : In the Affirmative.
Issue No.3 : In the Affirmative.
Issue No.4 : As per the final order for the
following:-
REASONS
8. Issue No.1:- The Plaintiff who got herself examined as PW.1, has reiterated the plaint averments. She has stated that her husband's correct name is Manchaiah and he was also called as Thammaiah and he died on 19.1.2012 at KIMS Hospital. She has stated that her son-in-law admitter her husband to the hospital. She has stated that it may be true that her son-in-law is wrongly given her husband's name as Thammayyanna S/o Manchaiah. She has denned that the suit is filed in order to grab the property in the name of Thammaiah. Ex.P.1 is the death certificate wherein the name of the deceased is shown as Thammayyanna S/o Manchaiah.
The date of death is 19.1.2012 and the place of death is KIMS Hospital, the address of the deceased is Hosakote, Kanakapura Taluk, Ramanagara District. Ex.P.2 is the reply given by the BBMP 19 OS. 25284/2015 stating that the name cannot be corrected in the death certificate and the Plaintiff can approach the Court. Ex.P.3 is the mutation register extract passed on 20.6.2008 and in the said document the khata is changed in the name of Manchaiah @ Thammaiah S/o Late Mayanna. Ex.P.3 shows that the husband of the Plaintiff was also known as Thammaiah and his name is Manchaiah @ Thammaiah. The death particulars in the death certificate is entered as per the information given by the hospital. The hospital has given the information as per their records. The Plaintiff has stated that it was her son-in-law who had admitted her husband to the hospital. Therefore, as Manchaiah was also known as Thammaiah giving his name as Thammayyanna is acceptable. This Court does not find any ulterior motive or malafide intention in filing this suit. Therefore, it has to be held that the correct name of the Plaintiff's husband is Manchaiah @ Thammaiah S/o Mayanna. Hence, the Issue No.1 is answered in the Affirmative.
9. Issue No.2:- The death certificate of a person is needed for the legal heirs for various purpose and it is necessary that in the 20 OS. 25284/2015 death certificate the correct particulars are to be stated. As there is a mistake in the death certificate the same has to be corrected and the Defendant being the competent authority to correct the same and as per Ex.P.2 the BBMP has directed to approach the Defendant for further correspondence and the Defendant must be directed to correct the same. Hence, Issue No.2 is answered in the Affirmative.
10. Issue No.3: In view of my answer to Issue Nos.1 and 2 in the Affirmative, the Plaintiff is entitled for the reliefs claimed. Hence Issue No.3 is answered in the Affirmative.
10. Issue No.4: In the result, this court proceeds to pass the following:
ORDER The suit of the Plaintiff is decreed with no order as to costs. It is declared that the correct name of the husband of the Plaintiff is Manchaiah @ Thammaiah S/o Mayanna.
The Defendant is directed to correct the name of the husband of Plaintiff in the register of Births and Deaths, which is registered as KEM/D/2012/00441/000283 on 31.1.2012 in the place of 21 OS. 25284/2015 "Thammayyanna" as "Manchaiah" and the father name of the deceased as "Mayanna" in the place of "Manchaiah" and to issue the fresh death certificate to the Plaintiff.
Draw up decree accordingly.
[Dictated to the Stenographer, computerized transcript thereof corrected, signed and then pronounced by me in the open Court on this the 14th day of December, 2016].
[ J.R.MENDONCA ], XXVIII Addl. City Civil & Sessions Judge, Mayohall, Bangalore.
ANNEXURE
1. List of witnesses examined for the plaintiff :-
P.W.1 : Smt. Madamma. 2. List of documents marked :- Ex.P.1 : Death Certificate of her husband. Ex.P.2 : Acknowledgment issued by BBMP. Ex.P.3 : Certified copy of order regarding transfer of title.
3. List of witnesses examined by the defendant: 22 OS. 25284/2015
None
4. List of documents marked by the defendant:
NIL (J.R.Mendonca), XXVIII ACC & SJ, B'luru.23 OS. 25284/2015
Judgment pronounced in open Court as under :- (vide order separately) ORDER The suit of the Plaintiff is decreed with no order as to costs. It is declared that the correct name of the husband of the Plaintiff is Manchaiah @ Thammaiah S/o Mayanna.
The Defendant is directed to correct the name of the husband of Plaintiff in the register of Births and Deaths, which is registered as KEM/D/2012/00441/000283 on 31.1.2012 in the place of "Thammayyanna" as "Manchaiah" and the father name of the deceased as "Mayanna" in the place of "Manchaiah" and to issue the fresh death certificate to the Plaintiff. 24 OS. 25284/2015 Draw up decree accordingly.
(J.R.Mendonca), XX.VIII ACC & SJ, B'luru.