Nandhini v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY Nandhini ... Appellant -Vs1.The District Collector, Pudukkottai, Pudukkottai District.

2.The Tahsildar, Pudukkottai, Pudukkottai District.

3.The Assistant Executive Engineer, Operation & Maintenance, TANGEDCO, Pudukkottai, Pudukkottai District.

... Respondents PRAYER: Appeal filed under Clause 15 of Letters Patent, praying this Court to set aside the order dated 21.11.2024 made in W.P.(MD)No.8993 of 2024 on the file of this Court.

For Appellant : Mr.G.Mathavan For R1 & R2 : Mrs.D.Farjana Ghoushia, Special Government Pleader

JUDGMENT

[Judgment of the Court was delivered by J.NISHA BANU, J.] This Writ Appeal is directed against the order of this Court dated 21.11.2024 made in W.P.(MD)No.8993 of 2024.

2.The case of the writ petitioner is that her original name is Nandhini, however, her relatives and friends called her as Radha. In all the educational certificates, bank accounts, aadhar card and all other Government records, her name is shown as Nandhini, however, her father, who was working in the Electricity Board and died in an accident, entered the name of the writ petitioner in his service register as Radha. While being so, when the writ petitioner sought for compassionate appointment, she was directed to produce the certificate, stating that Nandhini as well as Radha are one and the same. Therefore, she made a request before the Tahsildar, Pudukkottai. However, it was rejected. Therefore, she has filed the said Writ Petition.

3.The writ Court, after hearing both sides and perusing the materials, held that the Tahsildar has no authority to declare that the writ petitioner's both name of Nandhini as well as Radha are one and the same and therefore, the writ

petitioner has to approach the civil Court for appropriate relief. Challenging the same, the writ petitioner has filed this Writ Appeal. 4.On perusal of the order passed by the writ Court, this Court finds no infirmity and the writ Court has rightly relegated the writ petitioner to the civil Court. Further, it is seen from the typed set of papers filed by the appellant / writ petitioner that she has already filed a civil Suit before the Principal District Munsif Court, Pudukkottai without impleading any officials as party respondents. Therefore, the writ petitioner shall re-present the suit by impleading the District Collector, Pudukkottai District, Tahsildar, Pudukkottai and the Village Administrative Officer concerned as party respondents and on re-presentation, the Principal District Munsif Court, Pudukkottai shall dispose of the suit within a period of six months from the date of re-presentation. 5.This Writ Appeal is disposed of accordingly. No costs. [J.N.B., J.] & [S.S.Y., J.] 19.02.2025 NCC : Yes / No Index : Yes / No Yuva

To 1.The District Collector, Pudukkottai, Pudukkottai District.

2.The Tahsildar, Pudukkottai, Pudukkottai District.

J.NISHA BANU, J.

AND S.SRIMATHY, J.

Yuva 19.02.2025