P.Srinivasan v. The Taluk Tahsildar

1/5

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-04-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH 1.P.Srinivasan 2.Kulanthai Petitioner(s) Vs

1. The Taluk Tahsildar Salem West Taluk, Taluk Office Road, Subramania Nagar, Suramangalam, Salem District 636302.

2.The Joint Registrar III, Salem West Salem West Joint III Registrar Office, Puthur Road, Near Mariyamman Kovil, Sivathapuram, Salem District 636307.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent herein to consider the representation of the 1st petitioner dated 24.02.2025 and issue the petitioner with a certificate, certifying as the petitioner's father name Palanisamy (as

2/5 mentioned in the Government records) and the name Sundaram, mentioned in the Partition Deed registered at the office of Joint Registrar III Salem West. with Document No.3438 of 1972 belongs to one and the same person i.e. 1st Petitioner's Father and to consequently direct the second respondent herein to accept and register any documents executed by the 1st petitioner in respect of the properties acquired by the petitioner through the above mentioned partition deed.

For Petitioner(s):

Mr.S.P.Sasikumar For Respondent(s):

Mr.P.Harish Government Advocate

ORDER

This writ petition has been filed for issue of writ of mandamus directing the 1 st respondent to consider the representation made by the petitioners on 24.02.2025, wherein, the petitioners are seeking for a Certificate to certify that the name Palanisamy and Sundaram refers to the same person viz., the father of the petitioner in order to enable the petitioners to deal with the subject property. 2.Heard Mr.S.P.Sasikumar, learned counsel appearing on behalf of the petitioners and Mr.P.Harish, learned Government Advocate appearing on behalf of the respondents.

3/5 3.The relief as sought for by the petitioners is wholly misconceived. The Tahsildar can never conduct such an enquiry and issue a certificate stating that the person who carries two names is the same person. It becomes even more difficult for the Tahsildar to undertake this exercise since the person in question has already kicked the bucket. If the petitioners seek for any such declaration, they can only approach the competent Civil Court and seek for a declaration and the Tahsildar can never deal with a representation of this nature. 4.Except giving this clarity, no further orders can be passed in this writ petition and accordingly, this writ petition is disposed of in the above terms. No Costs.

08-04-2025 (2/2) Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

4/5 To 1.The Taluk Tahsildar Salem West Taluk, Taluk Office Road, Subramania Nagar, Suramangalam, Salem District 636302.

2.The Joint Registrar III Salem West Salem West Joint III Registrar Office, Puthur Road, Near Mariyamman Kovil, Sivathapuram, Salem District 636307.

5/5 N.ANAND VENKATESH J.

ssr 08-04-2025 (2/2)