Sharanya Haldar v. Kolkata Municipal Corporation And ORS.

OD-8 ORDER SHEET WPO No.1840 of 2023

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction ORIGINAL SIDE SHARANYA HALDAR

VERSUS

KOLKATA MUNICIPAL CORPORATION & ORS.

BEFORE:

The Hon'ble JUSTICE AMRITA SINHA Date: 20th December, 2023.

Appearance:

Ms. Piyali Sengupta, Adv.

Mr. Victor Chatterjee, Adv.

...for Petitioner.

Ms. Sima Chakraborty, Adv.

Mr. Gopal Chandra Das, Adv.

...for KMC.

The Court:- The prayer of the petitioner for change of his name in the birth certificate has been rejected on the ground that his name Shoumik Haldar alias Sharanya Haldar was recorded after corroborating all documents. The petitioner's father has filed an affidavit affirmed before the First Class Judicial Magistrate at Alipore wherein it has been clearly mentioned that the name of the petitioner was recorded as Sharanya Haldar. The educational certificate of the petitioner records his name as Sharanya Haldar. The birth certificate issued by the Corporation mentions his name as Shoumik Haldar alias Sharanya Haldar. The petitioner prays for issuance of birth certificate in the name of Sharanya Haldar. The petitioner relies upon order passed by this Court on 8th September, 2022 and 9th September, 2022 in WPO No.

2503 of 2022 (Anushka Choudhury vs. Kolkata Municipal Corporation & Ors.), wherein a similar issue with regard to the insertion of the word 'alias' in the name of the candidate in the birth certificate was decided. The Court directed that it is not necessary that both the names are required to be mentioned in the birth certificate.

intended to carry with the other. The Court directed the Corporation to act in accordance with law under Section 455(2) of the Kolkata Municipal Corporation Act, 1980.

It appears that the direction passed in the matter of Anushka Choudhury (supra) is squarely applicable in the present case. Accordingly, the Corporation is directed to take steps to invoke provision of Section 455(2) of the Kolkata Municipal Corporation Act, 1980. The name of the petitioner should be inserted as 'Sharanya Haldar' by deleting Shoumik Haldar alias. Steps shall be taken at the earliest, but positively within a period of three weeks from the date of communication of this order.

Learned advocate for the petitioner is directed to forward copy of the order dated 8th September, 2022 and 9th September, 2022 to the Corporation at the time of communicating the order of this Court.

Writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all legal formalities. (AMRITA SINHA, J.) nm