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Madras High CourtA/250/2025allowed

M.Kumudha v. J.Mohan Rao

2025-01-24Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-01-2025

CORAM

THE HONOURABLE DR JUSTICE G. JAYACHANDRAN A NO. 250 of 2025 AND OP NO. 582 OF 2023 M.Kumudha W/o.Late Madanagopal, No.1-F, No.5, 2nd Floor, 2nd Cross Street, Bharath Nagar, Madipakkam, Chennai - 600 091.

Applicant(s) Vs J.Mohan Rao S/o.Late Janakiraman, 1st Floor, Old NO.38,New No.4, Narasimha Chetty Street, Suvalpet, Ranipet District.

Respondent(s) For Applicant(s): Mr.G.Dhanasekaran For Respondent(s):

ORDER

The application is filed to amend the amount mentioned in the petition followed by the Succession Certificate issued on 21.03.2024.

2. The learned counsel appearing for the applicant submits that the deceased J.Gajapathy was working in the Southern Railway and died on 05.09.2022. The sister of J.Gajapathy filed a petition for Succession Certificate 1/3

in respect of securities in the form of settlement benefits payable to J.Gajapathy by his employer, Southern Railway. At the time of filing the petition, the approximate amount payable was ascertained at Rs.40,00,000/- and Succession Certificate was issued for the said amount.

3. However, Southern Railway, on production of Succession Certificate, has informed the applicant that the retirement benefits payable amount to only Rs.13,39,224/-. Therefore, Succession Certificate needs to be amended to reflect the exact amount payable. Hence, the present application seeking amendment has been filed.

4. The letter from Southern Railway dated 07.10.2024 indicates that the settlement dues of J,Gajapathy, in the form of terminal benefits, amount to approximately Rs.13,39,224/-. Therefore, the petitioner has been advised to obtain a revised Succession Certificate.

5. Taking note of the fact that the employer of the late J.Gajapathy has revised the terminal benefits, the order of this Court passed in O.P.No.582 of 2023 on 21.03.2024 is amended by substituting Rs.13,39,224/- in the place of Rs.40,00,000/-.

24.01.2025 rpl 2/3

DR.G.JAYACHANDRAN, J.

rpl A NO. 250 of 2025 AND OP NO. 582 OF 2023 24.01.2025 3/3