Leonell John v. The Chief Registrar, Birth And Death Dept. The Pimpri Chinchwad Muni. Corp. And ANR

Digitally signed by PRASHANT VILAS RANE Date:

2025.02.08 16:46:03 +0530 PRASHANT VILAS RANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 509 OF 2025 Mr. Leonell John ..Petitioner VS The Chief Registrar, Birth and Death Department The Pimpri Chinchwad Municipal Corporation, Pimpri & Ors.

..Respondents __________ Mr. Santaram Tarle i/b. Geetanjali Shinde, for the Petitioner. Mr. Mohamedali M. Chunawala with Ashotosh Mishra, for Respondent No.2. Mr. Swapnil R. Patil, for Respondent No.1-PCMC. Mr. R. S. Khadapkar, for Respondent No.3-PMC. __________ CORAM :

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE :

6 FEBRUARY 2025 P.C.:

1.

On 4 February 2025, we passed the following order on the present proceeding:

"1.

Learned Counsel appearing for the Pimpari-Chinchwad Municipal Corporation would take instructions. 2.

However, the Chief Registrar, Birth and Death Department, The Pimpri Chinchwad Municipal Corporation, shall decide the application dated 18 November 2024 - Exhibit I (Page 24 to the petition) and pass an order in accordance with law on or before the returnable date, which be placed on record of this Court the said order, on an appropriate affidavit. The petitioner is directed to appear before the Chief Registrar on 5 February 2025 at 2.30 p.m. 3.

List the petition on 6 February 2025, to be shown on the Supplementary Board."

2.

In pursuance of our order, learned Counsel for respondent No.1 Pimpri-Chinchwad Municipal Corporation has placed on record a compilation of documents and more importantly a communication dated

6 February 2025 as issued by the Deputy Registrar, Office of Birth/Death, Jijamata Hospital, Pimpri, addressed to the petitioner that on verification of the entire record, it was found that the date of birth of the petitioner on the birth certificate issued by respondent No.1 at Exhibit A (page 11 to the petition) as 10 November 2000, is the correct date of birth. These documents are taken on record. However, for completeness of the record we direct respondent No.1 to place on record all these documents by way of a short reply affidavit. Let this be done before the adjourned date of hearing, and a copy of the same be furnished to learned Advocate for the petitioner well in advance.

3.

This brings about a situation in regard to the correctness of the birth certificate which is issued by Pune Municipal Corporation (PMC) showing the date of birth of the petitioner as 10 November 2001. The said certificate was issued by the PMC on 21 August 2023. From what has been urged before us by learned Counsel Mr. Khadapkar is that the Pune Municipal Corporation has issued such certificate on the basis of an extract of the register received from Grampanchayat Narhe. A photocopy of the extract of the register is placed on record. We do not find that the information which is contained in the said register is on the basis of any hospital's certificate indicating the place of birth of the petitioner. In fact, it appears that the details in the register are filled on the basis of the

information which is received, and as to what is the basis of such information, itself is not clear.

4.

In this view of the matter, we direct respondent No.3 to file an affidavit to place on record the correct position so that appropriate orders can be passed in regard to the issue on the birth certificates as raised before us which are in the context of the passport authorities issuing passport with the correct date of birth.

5.

Affidavit be placed on record on or before 11 February 2025. 6.

We list the proceedings on 12 February 2025. High on Board. [ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.]