T.Sivagami Alias A.Lakshmi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.01.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.No.502 of 2022 T.Sivakami @ A.Lakshmi
...Petitioner
Vs.
1. The District Collector, District Collector Office, Tiruppur District.
2. The Tahildar, Tahsildar Office, Udumalpet.
3. The Village Administrative Officer, Village Administrative Office, Kanakkampalayam Village, Udumalpet.
4. The Director, Rural Development and Panchayat Union, Chennai.
5. Regional Development Officer, Madathukulam Block Development Office, Tiruppur.
6. The Director of Pension, DMS Complex, Thenampet, Chennai-6.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first and fifth respondents to change the name as A.Lakshmi instead of T.Sivagami in S.R book of the petitioner's husband which is maintained in Madathukulam Panchayat Union by considering the petitioner's representation dated 17.07.2020 and pass orders.
For Petitioner : Mr.Deepan Uday For Respondent : Mr.G.Nanmaran, Spl.Govt.Plader for R1 to R4 and R6/ Mr.T.Venkatesh Kumar for R5
O R D E R
This writ petition has been filed seeking to issue a Writ of Mandamus directing the first and fifth respondents to change the name as A.Lakshmi instead of T.Sivagami in SR book of the petitioner's husband which is maintained in Madathukulam Panchayat Union by considering the petitioner's representation dated 17.07.2020.
2. Mr.Mr.G.Nanmaran, learned Special Government Pleader takes notice for the respondents 1 to 4 and 6 and Mr.T.Venkatesh Kumar, learned counsel takes notice for the fifth respondent.
3. The case of the petitioner in brief:
The petitioner's original name is A.Lakshmi, which was provided in all her school certificates, but she was called as T.Sivagami by her family, relatives and friends. She got married to one Thirumalaisamy and he was working as Regional Development Officer in Madathukulam Panchayat Union and he had no knowledge about her original name, which is mentioned in her Record Sheet. The petitioner's husband lost his eye sight during road accident and due to the same he got voluntary retirement.
Subsequently, he died on 05.05.2021.
The petitioner, by filing a suit in O.S.No.398 of 2019 before the District Munsif, Udumalpet, got an order dated 08.02.2020 to change her name as A.Lakshmi instead of T.Sivagami in the S.R.book of her husband. The petitioner has sent a representation dated 17.07.2020 along with the relevant documents to change her name, but it was not considered by the first and fifth respondents. Hence this writ petition.
4. Considering the limited scope of prayer and also by consent of counsels appearing for both sides, this court is inclined to pass orders.
5. Accordingly, it is ordered as follows.
The first and fifth respondents are directed to consider the petitioner's representation dated 17.07.2020 and pass appropriate orders on its own merits, in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.
6. With the above direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar mst
To
1. The District Collector, District Collector Office, Tiruppur District.
2. The Tahildar, Tahsildar Office, Udumalpet.
3. The Village Administrative Officer, Village Administrative Office, Kanakkampalayam Village, Udumalpet.
4. The Director, Rural Development and Panchayat Union, Chennai.
5. The Regional Development Officer, Madathukulam Block Development Office, Tiruppur.
6. The Director of Pension, DMS Complex, Thenampet, Chennai-6.
+1cc to the Government Pleader, S.R.No.3413 W.P.No.502 of 2022 and NMI(CO) KKV/02/02/2022