they will issue a Non-Registration Certificate. Armed with the certificate, “A” will file a petition under Section 13(3) of the Registration of Births and Deaths Act, 1969 (for brevity “the RBD Act”) read with Rule 9(2) of the Tamil Nadu Registration of Births and Deaths Rules, 2000 (for brevity “the TNRBD Rules”) arraying the Commissioner, Corporation of Chennai as a party respondent, before the Metropolitan Magistrate, Chennai. Invariably, the Commissioner, Corporation of Chennai, who is neither a contesting party nor has any interest in the lis, would remain ex parte. On the orders of the Magistrate, “A” will give a paper publication in a recondite vernacular newspaper to the effect that he was born on 01.01.1970 at the given address; that he has filed a petition before the said Magistrate; that the case is posted to a said date; and that if anyone has objection, he/she can appear before the Magistrate on the said date and file his/her objections. On the appointed date, the case will be called in the open Court. None will come up with any objection. The Magistrate will record the statement of “A” on oath and pass an order directing the Commissioner, Corporation of Chennai, to enter the date of birth of “A” as 01.01.1970 in the Births and Deaths Register. Thereafter, “A” will obtain a date of birth certificate to the effect that he was born on 01.01.1970. 8. Over a period of time, the legal fraternity has evolved “Birth and death jurisprudence” and some members have even carved out for themselves a monopolistic niche, in the Magistrate Courts and would allow none to venture into their territory. The Birth Certificates so obtained are mostly used for extending the date of superannuation or to set up claims of juvenility in criminal cases. Similarly, how such death certificates help one to set up civil claims is limpid from the facts of the case in Crl.O.P.3868 of 2016, which we have set out in the later portion of this order.“
