WP/27922/2005 of M.Lalita , Lalitha Bai Vs The Commissioner/The Registrar of Deaths and Births on 29 December 2005

:O R D E R:

The petitioner is the wife of one M.R. Krishna Rao. Her husband passed away on09-10-2000. As per the information given by the staff of burial ground, therespondent registered the death of the petitioner’s husband and issued a Certificateof Death dated 30-10-2000. However, the name of the husband of the petitioner wasshown as “MALVE KISHAN RAO” instead of “M.R. KRISHNA RAO”. Having noticedthe erroneous entry, the petitioner made an application on 06-10-2005 to therespondent requesting to issue a fresh certificate of death duly correcting the nameof the husband of the petitioner as “M.R. KRISHNA RAO”. As no orders are passedtill now, the present writ petition is filed seeking writ of Mandamus.

Heard the learned counsel for the petitioner and the learned standing counsel forL.B. Nagar Municipality.

Section 15 of the Registration of Births and Deaths Act, 1959 (for short ‘the Act’)empowers the Registrar to correct any entry of death in any register by suitable entryin the margin. Further, the Andhra Pradesh Registration of Births and Deaths Rules,1999 (for short ‘the Rules’), which are promulgated in exercise of powers underSection 30 of the Act by the State of Andhra Pradesh, contain Rule 11 of the Rules,which empowers the Registrar to make necessary corrections in the Register ofBirths and Deaths. Therefore, whenever an application is made for correction of thedate of birth or death or cancellation of such registration, a duty is cast upon the Registrar to inquire into the matter and pass appropriate orders.

In view of the above, this writ petition is disposed of directing the respondent to passappropriate orders on the application dated 06-10-2005 made by the petitioner andcommunicate the order to the petitioner thereafter. There shall be no order as tocosts.

____________

V.V.S. RAO, J

29-12-2005pvks/*

Nb: Registry to furnish c.c. day-after tomorrow i.e., 31-12-2005.

B/o pvks/*