Madras High CourtA/4847/2017allowed

An.Lakshmanan v. A.S.Sv.Chinna Sevugan

2017-08-23Honourable Mr Justice C.V. Karthikeyan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 23RD DAY OF AUGUST 2017 THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN A.No.4847 of 2017 in O.P.No.222 of 2016 In the matter of the Indian Succession Act, XXXIX 2 of 1925 And In the matter of certain securities belonging to O.RM.M.SP.SV.AN.

Annamalai Chettiar.

AN.Lakshmanan No.10 Sathirathar Street, Devakottai, Sivaganga - 630 302.

...Applicant/Petitioner VS 1 A.S.SV.Chinna Sevugan @ A.Mahadevan No.4-A, Sathirathar Street, Devakottai, Sivaganga - 630 302.

2 AN.Valliammai Aachi, No.21, Balaji Avenue, 2nd Street, T.Nagar, Chennai - 600 017.

3 T.Muthukarupayee Aachi No.132, Rajiv Gandhi Nagar, Sowripalayam, Coimbatore - 641 208.

4 N.Meenakshi Aachi @ N.Meenal No.34, North Chithirai Street, Madurai - 625001.

5 T.Seethalakshmi No.10, Sathirathar Street, Devakottai, Sivaganga - 630 302.

6 T.Annamalai No.10, Sathirathar Street, Devakottai,

Sivaganga - 630 302.

7 AR.Viswanathan No.56, A.M.Street, Pallathur, Sivaganga - 630 107.

8 V.Meenakshi(minor) rep by father and natural guardian A.R.Viswanathan, No.56 A.M.Street, Pallathur, Sivaganga - 630 107.

...Respondents/Respondents

A.No.4847 of 2017 Application praying that this Hon'ble Court be pleased to allow this application for amendment and permit the petitioner to carry out the amendment in the Original petition No.222 of 2016 and also in Sucession Certificate as stated below.

(i) To add number "Zero" at the end of "1600" which is specified as first item in the Quantity column as "1600" and mentioned as serial No.1 in the serial column.

(ii) To amend number "Five" instead of "Zero" at end of the Security distinct no."35999220" which is specified as second item in the Distinct No. of letter of security column as 35999146 to 35999220 and mentioned as serial No.1 in the serial column. (iii) To amend number "Three" (Sixth Digit) instead of "Two" at end of the Security distinct

no."1383028" and mentioned as serial No.3 in the (iv) To amend the number "Two" (Fourth Digit) instead of "One" at Security distinct No.5051128 which specified as Fourth item in the Distinct No. of letter of security column as 5051128 to 5052177 and mentioned as serial No.10 in the serial column. (v) To delete number "Zero" as underlined in the series of the Security distinct no. "00105063592" which is specified as First item in the Distinct No. of letter of security column as 0015063493 to 00105063592 and mentioned as serial No.7 in the (vi) To amend as security distinct no. "7963 to 7977" instead of Certificate No."759" which is specified as First item in the Distinct No. of letter of security column as 759 and mentioned as serial No.8 in the serial column.

(vii) To amend as security distinct no."7948 to 7962" instead of Certificate No."295" which is letter of security column as 295 and mentioned as serial No.8 in the serial column.

(viii) To amend as security distinct no."01029496 to 01029595" instead of Certificate No."641" which is specified in the Distinct No. of letter of security column as 641 and mentioned as serial no.9 in the serial column.

(ix) To amend as security distinct no."00146862 to 00146875" instead of Certificate No."618" which is specified in the Distinct No. of letter of security column as 618 and mentioned as serial No.10 in the (x) To amend as security distinct no. "122706 to 124307" instead of Certificate No."34" which is specified as First item in the Distinct No. of letter of security column as 34 and mentioned as serial No.11 in the serial column.

(xi) To amend as Security distinct No."13171 to 16374" instead of Certificate No."8" which is letter of security column as 8 and mentioned as serial No.11 in the serial column.

(xii) To amend as Security distinct No."306301 to 307900" instead of Certificate No."61" which is specified as Third item in the Distinct No. of letter of security column as 61 and mentioned as serial No.11 in the serial column.

(xiii) To amend as Security distinct No."50501 to 53500" instead of Certificate No."14" which is specified as First item in the Distinct No. of letter of security column as 14 and mentioned as serial No.12 in the serial column.

(xiv) To amend as Security distinct No."150501 to 153500" instead of Certificate No. of "41" which is letter of security column as 41 and mentioned as serial No.12 in the serial column.

This application coming on this day before this court for hearing the court made the following order: This application has been filed by the applicant/petitioner to permit the applicant/petitioner to carry out amendment in O.P. No.222 of 2016 and also in the Succession Certificate.

Heard the learned counsel for the applicant/petitioner.

It had been stated that the Succession certificate was granted on 12.01.2017, pursuant to the order of this Court in O.P. No.222 of 2016 dated 18.11.2016. The applicant seeks the following amendments in the Succession Certificate;

(i) To add number "Zero" at the end of "1600" which is specified as first item in the Quantity column as "1600" and mentioned as serial No.1 in the (ii) To amend number "Five" instead of "Zero" at end of the Security distinct no."35999220" which is specified as second item in the Distinct No. of letter of security column as 35999146 to 35999220 and mentioned as serial No.1 in the serial column. (iii) To amend number "Three" (Sixth Digit) instead of "Two" at end of the Security distinct no."1383028" and mentioned as serial No.3 in the

(iv) To amend the number "Two" (Fourth Digit) instead of "One" at Security distinct No.5051128 which specified as Fourth item in the Distinct No. of letter of security column as 5051128 to 5052177 and mentioned as serial No.10 in the serial column. (v) To delete number "Zero" as underlined in the series of the Security distinct no. "00105063592" which is specified as First item in the Distinct No. of letter of security column as 0015063493 to 00105063592 and mentioned as serial No.7 in the (vi) To amend as security distinct no. "7963 to 7977" instead of Certificate No."759" which is specified as First item in the Distinct No. of letter of security column as 759 and mentioned as serial No.8 in the serial column.

(vii) To amend as security distinct no."7948 to 7962" instead of Certificate No."295" which is letter of security column as 295 and mentioned as serial No.8 in the serial column.

(ix) To amend as security distinct no."00146862 to 00146875" instead of Certificate No."618" which is specified in the Distinct No. of letter of security column as 618 and mentioned as

serial No.10 in the serial column.

(x) To amend as security distinct no.

"122706 to 124307" instead of Certificate No."34" which is specified as First item in the Distinct No. of letter of security column as 34 and mentioned as serial No.11 in the serial column.

(xi) To amend as Security distinct No."13171 to 16374" instead of Certificate No."8" which is letter of security column as 8 and mentioned as serial No.11 in the serial column.

(xiv) To amend as Security distinct No."150501 to 153500" instead of Certificate No. of "41" which is specified as Second item in the Distinct No. of letter of security column as 41 and mentioned as serial No.12 in the serial column.

3. This amendments do not affect the grant of succession certificate and the errors appear to be a result of typographical errors.

4. Consequently, this application is allowed.

5. To carry out necessary amendment by the applicant/petitioner in O.P. No.222 of 2016 and also in the Succession Certificate.

Sd/.C.V.K.J 23.08.2017 //Certified to be a true copy// Dated this the day of 2017 KY/28.08.2017 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.