Case Note & Summary
The petitioner, Syeda Afifa Aymehn, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Dharwad Bench, seeking a writ of mandamus to cancel a birth certificate registered on 13-05-1993 with Registration No. 182/1993 and to maintain the date of birth as 15-03-1993 in the original record of births with Registration No. 803110/T/B/2020/000070 dated 13-11-2020 issued by the Health Inspector/Officer, Kamalapuram (TP), Hosapete Taluka, Ballari. The respondent was the Chief Officer cum Registrar of Births and Deaths, Town Panchayat Karyalaya, Kamalapur. The petitioner was represented by Sri D.L. Ladkhan, and the respondent by Sri Bhushan Kulkarni. The court, presided over by Justice Suraj Govindaraj, heard the matter at the preliminary hearing stage. The court observed that the Registration of Births and Deaths Act, 1969 provides a complete mechanism for correction of entries in the birth and death register, including an appeal under Section 27 of the Act. The court noted that the petitioner had not availed of this alternative statutory remedy before approaching the High Court. The court held that the existence of an alternative remedy is a bar to the maintainability of a writ petition under Articles 226 and 227 of the Constitution. Consequently, the court dismissed the writ petition but granted liberty to the petitioner to file an appeal before the appropriate appellate authority under Section 27 of the Act. The court did not express any opinion on the merits of the case.
Headnote
A) Constitutional Law - Alternative Remedy - Maintainability of Writ Petition - Articles 226 and 227 of Constitution of India - Petitioner sought cancellation of birth certificate and correction of date of birth without exhausting statutory remedy under Section 27 of the Registration of Births and Deaths Act, 1969 - Court held that the existence of an alternative remedy is a bar to the maintainability of a writ petition, and the petitioner must first approach the appellate authority under Section 27 of the Act - Held that the petition is dismissed with liberty to file an appeal (Paras 1-3).
Issue of Consideration
Whether a writ petition under Articles 226 and 227 of the Constitution of India is maintainable when the petitioner has an alternative statutory remedy under Section 27 of the Registration of Births and Deaths Act, 1969.
Final Decision
The writ petition is dismissed. The petitioner is at liberty to file an appeal before the appropriate appellate authority under Section 27 of the Registration of Births and Deaths Act, 1969. No opinion is expressed on the merits of the case.
Law Points
- Alternative remedy
- Writ jurisdiction
- Birth certificate correction
- Section 27 Registration of Births and Deaths Act
- 1969
- Articles 226 and 227 of Constitution of India
