China Alias Pinki Malakar v. The State Of West Bengal And ORS.

30.06.2025 Sl. No. 18 Ct No. 3 SG WPA 24477 of 2024 China alias Pinki Malakar Vs The State of West Bengal & Ors.

Mr. Souvick Mitra.

... for the petitioner Ms. Tanushree Das Gupta, Ms. Debangana Dey Nayak.

...for the KMC Mr. D. Dutta, Ms. S. Chatterjee.

...for the State 1.

Affidavit-of-service filed in Court today is taken on record.

2.

The petitioner has preferred the present writ petition being aggrieved by the inaction of the respondent authorities whereby they have refused to issue birth certificate to the petitioner's minor daughter, Ms. Anuskya Malakar.

3.

It is the case of the petitioner that she is the legally wedded wife of one Mr. Prasenjit Malakar. Out of the said wedlock a girl child, Ms. Anuskya Malakar, was born on 13.01.2009. However, no birth certificate has been issued to the minor child. Hence, petitioner applied for the birth certificate through her lawyer on 22.08.2024. The same was replied by the Kolkata Municipal Corporation vide letter dated 27.08.2024, asking for details about the date of birth, place of birth,

parent's name as mandatory inputs to locate the concerned birth register. It is the case of the petitioner that again through her lawyer a reply was sent on 07.09.2024 wherein all the requisite particulars as sought for vide letter dated 27.08.2024 was provided. The said letter was also responded by a reply dated 12.09.2024 by the Corporation asking for same details as mentioned in the letter dated 27.08.2024.

4.

It is the submission of the learned Counsel for the petitioner that she has supplied all the requisite details to the respondent-Corporation. However, no action has been taken by the Corporation in issuance of the birth certificate in favour of her minor girl. 5.

This Court has examined the documents placed on record along with the present writ petition. Perusal of the written representation submitted by the petitioner through her advocate reveals that the place of birth of the minor child is not disclosed anywhere. The said information is crucial to trace the concerned birth register. Hence, respondent authority have rightly asked for the said details as mentioned in their communication dated 27.08.2024 and 12.09.2024. 6.

In view thereof, the petitioner is directed to submit all the details as sought for by the respondentCorporation within a period of one week. On receiving such details the respondent-Corporation is directed to

process the same in accordance with law as expeditiously as possible.

7.

With the above direction, the present writ petition is disposed of.

8.

Since no affidavits have been filed by the respondents, the allegations made in the writ petition shall not be deemed to have been admitted.

9.

There shall be no order as to costs.

10.

Let urgent Photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.

(Gaurang Kanth, J.)