Anandhan. K.D v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH K.D.Anandhan : Petitioner Vs.

1. The District Collector, District Collector Office, Karur, Karur District.

2. The Commissioner, Karur Municipal Corporation, Jawahar Bazar, Karur, Karur District.

3. The Registar, Birth and Death, Karur Municipal Corporation, Jawahar Bazar, Karur, Karur District.

: Respondents PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 issue the petitioner Daughter name S.A.Pirakalya Taara date of birth 20.08.2012 the petitioner name changed K.D.Anandhan on the basis of the petitioner's representation dated 24.03.2025 within a reasonable time as may be fixed by this Honourable Court.

For Petitioner : Mr. V.Pandi 1/5

For Respondents : Mr.K.S.Selvaganesan Addl. Government Pleader for R1 Mr.K.Balasubramani Standing Counsel for R2 & R3

O R D E R

This Writ Petition has been filed seeking a direction to the the respondents 1 to 3 to change the petitioner's name to "K.D.Anandhan" in his daughter's birth certificate, by considering his representation dated 24.03.2025.

2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. Seeking the name change of the petitioner in his daughter's birth certificate in No.1348/2012/03, issued on 20.08.2012, the petitioner submitted a representation dated 24.03.2025 to the respondents. However, as no action has been taken, the petitioner has now filed the present writ petition.

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4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

5. In the light of the above observations, there shall be a direction to the second respondent to consider the petitioner's representation dated 24.03.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as all the other persons, who may be interested in the subject matter, within a period of six weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the second respondent to consider the same on its own merits. 3/5

6. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs. 08.04.2025 Index : Yes / No Internet : Yes / No PKN To

1. The District Collector, District Collector Office, Karur, Karur District.

2. The Commissioner, Karur Municipal Corporation, Jawahar Bazar, Karur, Karur District.

3. The Registar, Birth and Death, Karur Municipal Corporation, Jawahar Bazar, Karur, Karur District.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.9852 of 2025 08.04.2025 5/5