Madras High CourtWP(MD)/14899/2017allowed

M.Habeeb Rahman v. The Madurai Market Committee

2019-03-25Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.14899 of 2017 M.Habeeb Rahman ... Petitioner Vs.

1.The Madurai Market Committee, Rep. by its Secretary, Madurai Market Committee, Madurai.

2.The Principal Secretary/Commissioner, Sales and Agriculture Commerce Department, Chennai.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records relating to the impugned order bearing Na.Ka.No.A2/435/2016, dated 23.05.2016 passed by the first respondent and quash the same and consequently, direct the first respondent to change the name of the petitioner from "Habeeb" to "M.Habeed Rahman" in respect of Shop No.K 301 in Paddy Commercial Complex, Madurai. For Petitioner :Mr.T.Antony Arul Raj For R1 :Mr.J.Gunaseelan Muthiah For R2 :Mr.Karuppasamy Government Advocate

ORDER

Heard the learned counsel on either side.

2.The writ petitioner was originally known as M.Habeeb. He has now changed his name as M.Habeeb Rahman. 3.The change has also been duly known to the general public through gazette notification. The petitioner now wants the changed name to be recorded in the relevant records. When he made a request to the first respondent, the first respondent declined to comply with the same and that necessitated filling of this writ petition. 4.When the petitioner has properly changed his name through gazette notification, the first respondent is bound to make the necessary changes in their records. They cannot refuse to comply https://hcservices.ecourts.gov.in/hcservices/

with the petitioner's request. Hence, the order impugned in this writ petition is quashed. The first respondent is directed to record the name changed from Habeeb to M.Habeeb Rahman in respect of the petition mentioned shop. This change shall be effected within a period of four weeks from the date of receipt of a copy of this order.

5.The writ petition stands allowed. No costs. Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS) To The Principal Secretary/Commissioner, Sales and Agriculture Commerce Department, Chennai.

+1cc to Mr.I.Vel pradeep, Advocate, SR.No.56432 +1cc to M/s.Special Government Pleader,SR.No. 56589 W.P.(MD)No.14899 of 2017 25.03.2019 rmi KK/SAR/16.04.2019/ 2P- 4C https://hcservices.ecourts.gov.in/hcservices/