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2010 DIGILAW 463 (KAR)

S. Mohammed Tanveer v. Commissioner, Bruhat Bangalore Mahanagara Palike

2010-04-01

A.S.BOPANNA

body2010
ORDER A.S. Bopanna, J.— The petitioners are before this Court seeking for issue of writ of certiorari to quash the endorsement dated 10-9-2009, which is impugned at Annexure-A to the petition. The petitioner has also sought for a mandamus to the respondents to correct the names appearing in the birth certificate. 2. The petitioners herein claim to be the parents of girl child Asiya Fathima. In this regard, the birth is said to have taken place in Murthy Health and Research Centre. The birth certificate issued by the said Health Centre is at Annexure-F to the petition. Pursuant thereto, the petitioners have made an application for birth certificate as per the information furnished from the Health Centre. The birth certificate issued and an extract which is produced at Annexure-E would indicate the name of the child as Asiya Fathima. However, in the column of birth certificate issued by the respondents in the name of the mother, the name of Asfia has been mentioned without the suffix of Iqbal. In the column of the name of the father, the name Iqbal Mohammed has been mentioned by prefixing Iqbal' and suffix Tanveer' has been left out. It is in that context, the petitioners were before the respondents seeking for rectification of the same and for issue of birth certificate after carrying, out corrections. The respondents have however issued endorsement dated 10-9-2009 and in the said endorsement it is stated that the corrections cannot be made since the entry has been made at the first instance at the request of the petitioners themselves. 3. Having heard the learned Counsel for the parties, I have perused the papers. Insofar as the correctness of the name of the mother viz., Asfia Iqbal as claimed by the petitioners, the birth certificate at Annexure-F would indicate so. To substantiate the same, the document at Annexure-D viz., the copy of the Election Identity Card would indicate the name of the mother to be so. Further the copy of the marriage certificate as at Annexure-B would indicate the name of the mother as Asfia Iqbal, which would clarify the position. Insofar as the name of the mother suffix Iqbal has been left out. If this aspect is kept in view, the said name Iqbal has been added to the name of the father as Iqbal Mohammed in the birth certificate and the name has been wrongly indicated. Insofar as the name of the mother suffix Iqbal has been left out. If this aspect is kept in view, the said name Iqbal has been added to the name of the father as Iqbal Mohammed in the birth certificate and the name has been wrongly indicated. This would also indicate that the name of the father as Mohammad Tanveer as mentioned in Annexure-F has not been carried out and the said name is also substantiated by Annexure-B. 4. Therefore, the other documentary evidence available on record would clearly indicate that the name of the mother is Asfia Iqbal, while the name of the father is Mohammed Tanveer, but the same have been wrongly indicated in the birth certificate. The respondents therefore were not justified in issuing the endorsement as at Annexure-A. The endorsement dated 10-9-2009 is accordingly quashed. 5. The petitioners shall now file a representation with the second respondent along with the certified copy of this order enclosing thereto the documents at Annexures-B, D and F, which have been produced along with the petition. The second respondent shall thereafter effect the correction in the birth register and issue an appropriate extract to the petitioners. The entire process shall be completed by the second respondent within a period of four weeks from the date on which the certified copy of this order along with the representation is filed before the second respondent. 6. In terms of the above, the petition stands disposed of with no order as to costs.