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Calcutta High Court
Manisha Prabhakar Patil vs Kolkata Municipal Corporation And Anr on 19 March, 2026
OD- 5
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
ORIGINAL SIDE
WPO/49/2026
MANISHA PRABHAKAR PATIL
VS
KOLKATA MUNICIPAL CORPORATION AND ANR.
BEFORE
THE HON'BLE JUSTICE RAJA BASU CHOWDHURY
Date: 19th March, 2026
Appearance:
Ms. Kabita Mukherjee, Adv.
Mr. Meghjit Mukherjee, Adv.
Mr. Gourav Das, Adv.
....for the petitioner
Ms. Piyali Sengupta, Adv.
Ms. Manisha Nath, Adv.
....for the KMC
1.
The present writ petition has been filed, inter alia, for a direction upon the
municipal authorities to take steps for inserting the name of the petitioner's
daughter and her birth details in the e-portal website maintained by the
municipality and issue a digitised birth certificate.
2. It is the petitioner's case that the petitioner had given birth to a girl child at
Woodlands Nursing Home on 21st March 1986 at 1.36 PM.
3. Ms. Mukherjee, learned Advocate representing the petitioner by drawing
attention of this Court to the birth certificate appearing at page 11 of the writ
petition would submit that the name of the father of the girl child along with
the petitioner's name appears on the birth record issued by East India Clinic
Limited, Woodlands Nursing Home, 8/5, Alipore Road, Kolkata - 700 027. As
per the aforesaid document, the name of the father of the girl child is
Prabhakar Trimbakrao Patil and the name of the mother of the girl child is
Manisha Prabhakar Patil.
4. The petitioner would contend that the factum of the petitioner giving birth to
the girl child was also recorded in the records of the Kolkata Municipal
Corporation and such fact would corroborate from the extract of the special
Register of Birth of ward no - the Health Officer, which has been issued on
28th February, 1989. Since the copy of the document as annexed was
creating confusion with reference to the date, the original has been sought
for and is produced in Court. In the aforesaid document, the names of the
petitioner as also the father of the girl child appear. This apart, the girl
child's name "Vaidehi" is also recorded. According to Ms. Mukherjee,
although the petitioner had applied for updation of the birth details in the
records of the Kolkata Municipal Corporation portal on 1st August, 2025 by a
written application, the municipal authorities had not taken any steps.
Following the same, the petitioner has approached this Court.
5. When the matter was taken up for consideration on 9th March, 2026, this
Court had directed the municipality to produce the concerned Birth Register.
Pursuant to the aforesaid direction, the concerned Birth Register has been
produced. Incidentally, the recording in the Birth Register does not match
either with the document being the extract of the Birth Register issued by the
municipal authorities, which is annexed to the petition or with the
particulars disclosed in the birth certificate issued by the East India Clinic
Limited. As per the Birth Register, in the column-'the names of the father and
mother and address', the names of one Kundav V. Joshi and Binayak V Joshi
appear. The address is recorded as 6/B, 95, Southern Avenue, Calcutta -
700 0029. Under the column 'signature, resident and description of
informant', the signature of K. V. Joshi appears. The date and place of birth
as recorded in the Register, however, matches with the other details
disclosed by the petitioner.
6. The petitioner is personally present in Court. Ms. Mukherjee would
submit on instructions that Kundav V. Joshi is the grandmother of the girl
child and her name appears in the column 'informant'. According to her, by
reasons of a communication gap, the aforesaid recording may have taken
place. Ms. Mukherjee has also placed before this Court the copy of the
passport issued in favour of the girl child who is now a major. As per the
disclosure made in the passport, the surname of the petitioner's daughter is
recorded as 'Patil'. The date of birth, the father's name and the mother's
name, however, matches with the disclosure made by the petitioner.
7. The municipality is represented.
8. In the peculiar facts noted hereinabove and noting that all details except
the mother's name matches and also noting that a passport has already been
issued on 14th November, 2007 originally from Ahmedabad, which is nearly
two daces old, I am of the view that the municipal authorities may issue a
fresh birth certificate in favour of Vaidehi Patil on the basis of the disclosure
as available in the passport no.Z3345348. The municipal authorities shall be
at liberty before issuing the same to verify, first, the details in the first
passport issued in favour of the daughter of the petitioner, particulars
whereof stands recorded in the last page of the passport. The municipal
authorities shall also following issuance of fresh certificate update the same
in the portal.
9. The original birth certificate produced in Court is hereby returned to the
petitioner. The original Birth Register is also returned to the municipality.
10. The writ petition is, thus, disposed of.
(RAJA BASU CHOWDHURY, J.)
akg/
