Madras High CourtWP(MD)/19455/2016disposed of

Petchimuthu, v. The District Educational

2016-10-26Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)No.19455 of 2016 Petchimuthu ... Petitioner Vs.

1.The District Educational Officer, Virudhunagar District, Virudhunagar.

2.The Headmaster, Government Higher Secondary School, Sippiparai, Virudhunagar District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the second respondent to effect the name change of the petitioner's son as Gowtham in the school records based on the petitioner's representation, dated 22.09.2016 within a stipulated time.

For Petitioner : Mr.T.A.Ebenezer For Respondents : Mr.N.S.Karthikeyan Additional Government Pleader

ORDER

The present Writ Petition has been filed by the petitioner seeking a direction to the second respondent to change the petitioner's son name as Gowtham in the school records based on his representation, dated 22.09.2016 within a stipulated time. 2.According to the petitioner, his son Gowtham is studying 10th standard in the second respondent school. Originally, he embraced Christianity and he changed his son's name as Hershon. Subsequently, he converted as Hindu and changed his son's name as Gowtham and the name change also duly published in the Tamil Nadu Government Gazette on 08.06.2016. After changing his son's name, he made an application before the second respondent. Since the second respondent did not pass any orders, he has filed the present Writ Petition.

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3.The learned counsel for the respondents contended that already the petitioner sent a representation to the second respondent to change his son's name as Gowtham indicating the petitioner's name as Petchimuthu. By an order, dated 14.10.2016, the second respondent rejected the request of the petitioner stating that in the Transfer Certificate, it is seen that the petitioner's name is Santhappan.

4.I have considered the rival submissions.

5.The learned counsel for the petitioner submits that the petitioner wants to change the name of his son as Gowtham and not his name. But the learned Additional Government Pleader submits that the application filed for change of name was filed in the name of Petchimuthu and not Santhappan. Hence, he doubted about the genuineness of the application made by the petitioner. 6.In the above circumstances, the petitioner is directed to file a fresh application before the second respondent giving all the particulars of his son's name along with the copy of the Government Gazette and on filing such application, the second respondent is directed to consider and pass orders on the same on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. 7.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To 1.The District Educational Officer, Virudhunagar District, Virudhunagar.

2.The Headmaster, Government Higher Secondary School, Sippiparai, Virudhunagar District.

+1 cc to M/s.T.A.Ebenezer, Advocate in SR.No.64593 ps CSL/GSV-PM/11.11.2016 :2P/4C W.P(MD)No.19455 of 2016 26.10.2016 https://hcservices.ecourts.gov.in/hcservices/