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Madras High CourtWP/14816/2022disposed of

Ashish Gupta v. The District Collector

2022-06-15Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.NO.14816 OF 2022 Ashish Gupta ... Petitioner -Vs1. The District Collector, O/o The District Collector, No.66, Rajaji Salai, Chennai - 600 001.

2. The Revenue Divisional Officer, Chennai Central Division, 5-73, SH 112, Gandhi Nagar, Anna Nagar West Extension, Chennai - 600 040.

3. The Tahsildar, Purasaiwakkam Taluk Office, Chennai - 600 084.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 3rd respondent to consider the representation dated 24.02.2022 and consequently to amend the name of the petitioner's mother as "Jyothi Gupta" instead of "Jothi Gupta" in the Legal heir certificate bearing Certificate No.TN-720210831962 within a stipulated time fixed by this Court.

For Petitioner : Mr.R.M.Babu Murugavel For Respondents : Mr.K.H.Ravikumar Government Advocate

O R D E R

By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself.

2. The Writ Petition has been filed for a Mandamus seeking for a direction to the 3rd respondent to consider the representation dated 24.02.2022 requesting the 3rd respondent to amend the name of the petitioner's mother as "Jyothi Gupta" instead of "Jothi Gupta" in the Legal heir certificate bearing Certificate No.TN-720210831962 within a time frame to be fixed by this Court.

3. According to the petitioner, in the aforementioned legal heirship certificate the name of his mother has been wrongly spelt as 'Jothi Gupta' whereas her correct spelling is 'Jyothi Gupta'.

4. It is pointed out by the learned Government Advocate appearing for the respondent that only because of the mistake committed by the petitioner in the application, the same mistake has crept in the legal heirship certificate. The petitioner seeks for rectification of the mistake. No prejudice would be caused to the respondents if the petitioner is directed to submit a fresh application with the respondent seeking for rectification of his mother's name as 'Jyothi Gupta' instead of 'Jothi Gupta' in the legal heirship certificate and on receipt of the said application, no prejudice would be caused if the respondents are directed to consider the said application on merits and in accordance with law, after affording a fair hearing to the petitioner within a time frame to be fixed by this Court.

5. For the forgoing reasons, this Court directs the petitioner to submit a fresh online application with the 3rd respondent seeking for amendment of the name of the petitioner's mother as 'Jyothi Gupta' instead of Jothi Gupta' in the legal heirship certificate bearing Certificate No.720210831962 within a period of one week from the date of receipt of a copy of this order. On receipt of such application from the petitioner, the 3rd respondent shall pass final orders on merits and in accordance with law, after affording a fair hearing, within a period of ten days thereafter.

6. With the aforesaid direction, the writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vsi

To 1.

The District Collector, O/o. The District Collector, No.66, Rajaji Salai, Chennai - 600 001.

2.

The Revenue Divisional Officer, Chennai Central Division, 5-73, SH 112, Gandhi Nagar, Anna Nagar West Extension, Chennai - 600 040.

3.

The Tahsildar, Purasaiwakkam Taluk Office, Chennai - 600 084.

+1cc to the Special Government Pleader, S.R.No.36446 W.P.NO.14816 OF 2022 SKM(CO) PBS/22/06/2022