Judgment : The Court: The petitioner in this WP under art.226 of the Constitution of India dated April 3, 2013 is seeking the following principal relief:- “a) A Writ in the nature of mandamus commanding the respondent condemned to issue Birth Certificate in favour of the petitioner’s son as prayed for treating the provisional certificate issued by the Chief Medical Officer of Health, Central Hospital, Gardenrecdh, issued on 21.3.02 as sacro scant and vital document and/or to take steps to supply the certificate directly;” Relying on the document at p.13 of the WP the petitioner has claimed that his son concerned was born at South Eastern Railway Central Hospital at Garden Reach on March 21, 2002. It is claimed that the document at p.13 is a provisional birth certificate issued by the hospital authority about birth of a male child of one Bina Bhattacharjee. Referring to the document at p.14 advocate for the petitioner has submitted that the KMC authority ought to have issued the birth certificate showing the date of birth of the petitioner’s son. The document at p.13 is a copy of the petitioner’s application to the Chief Municipal Health Officer of Kolkata Municipal Corporation for giving him extract from the birth register containing registration of his son’s birth. The petitioner was informed that the Registrar was not informed of the birth concerned. The question of giving the petitioner extract from the birth register concerned could arise, only if the birth was registered by the Registrar concerned under s.452 of the Kolkata Municipal Corporation Act, 1980. He could register the birth only if information thereof was sent to him pursuant to the provision of s.456 of the Act. There is nothing to show that such information was ever given. Since the birth of the petitioner's son was not registered, there was no scope for giving the petitioner extract from any birth register containing registration of his son’s birth. The petitioner ought to have taken steps under s.13 of the Registration of Births and Deaths Act, 1969. For these reasons, I dismiss the W P. Nothing herein shall prevent the petitioner from seeking registration of his son’s birth according to the provisions of the Kolkata Municipal Corporation Act, 1980 and the Registration of Births and Deaths Act, 1969. No costs.