SHIVAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The short grievance of the 1st Petitioner-lady is as to non-consideration of her representation wherein she has sought for introducing her name to the Death Certificate of her husband. Learned counsel for the Petitioners banks upon a decision of the Coordinate Bench in W.P.No.5043/2021 in support of his contention. He is also insisting upon the consideration of his clients' representation for the issuance of Genealogy in terms of Annexure-F dtd. 7/10/2022.

(2.) Learned AGA appearing for the respondents after verification of the records, submits that already the subject representation having been considered, an endorsement has also been issued to the effect that there being rival claims, the aggrieved should approach the Civil Court for adjudication. He points out that making entry in the Death Registrar per se will not solve the problem when there are multiple claimants for the estate of the deceased. He also tells about the pendency of petitioners O.S.No.401/2022, wherein dispute can be resolved.

(3.) Having heard the learned counsel for the parties and having perused the Petition Papers, this court agrees with the submission made on behalf of the learned AGA. No much reliance can be placed on the Coordinate Bench decision supra since it was not a case wherein claims by plural persons were involved for such an entry being made in the concerned Registrar of Deaths. That being said, the respondent-Village Accountant shall consider the claim for the issuance of Genealogy in accordance with law and within four weeks. It should be open to the Village Account to solicit any information or documents from the side of the petitioners subject to the rider that in the guise of such solicitation, delay shall not be brooked. In view of the above, Writ Petition is disposed off, with the above observations with a request to the learned Judge of the Court below to try & dispose off Petitioners' suit in O.S.No.401/2022 preferably within a period of six months; all contentions are kept open. Now, no costs.