K. Saradha v. Tahsilar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2017 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.20165 of 2013 K.Saradha ... Petitioner Vs.

1. Tahsildar, Madurai North, Madurai.

2. The District Collector, Madurai District, Madurai.

... Respondents Prayer:

The Petition filed under Article 226 of the Constitution of India, praying for the issuance a writ or direction or any other writ in the nature of Writ of certiorarified Mandamus calling for the records xK/3596/13m4 dated 26.09.2013 on the file of the 1st respondent and quash the same and to direct the 1st respondent to rectify the mistakes mentioned in the legal heir certificate of Petitioner's mother Santhanam Ammal stated in the representation. For Petitioner : Mr.Mahesh Babu For Respondents : Mr.M.Alaguthevan Special Government Pleader

ORDER

The petitioner has filed this Writ Petition to call for the records in xK/3596/13m4 dated 26.09.2013 on the file of the 1st respondent and quash the same and to direct the 1st respondent to rectify the mistakes mentioned in the legal heir certificate of my mother Santhanam Ammal stated in the representation.

2. The petitioner had given a representation for rectification of some errors in the legal heirship certificate which was rejected on the ground that the certificate was issued 10 years before and that since the records were not available, the rectification cannot be carried out. Challenging the same, the petitioner had filed the present Writ Petition. https://hcservices.ecourts.gov.in/hcservices/

3. It is brought to the notice of this Court that the respondent has now issued a rectified legal heir certificate carrying out of the amendment sought for by the writ petitioner.

4. At this Juncture, the learned counsel for the petitioner submitted that in the amended legal heirship certificate dated 06.07.2016, the petitioner's mother's name has been referred to as Santhammal instead of Santhanammal. Hence, the petitioner had given another representation to the first respondent herein on 14.12.2016 requesting him to change the name of his mother from Santhammal to Santhanammal.

5. In view of the subsequent legal heir certificate the grievance of the petitioner has been considerably met. In so far as the change in the name of the petitioner's mother in the amended legal heir certificate is concerned, it would be appropriate to direct the first respondent to consider the petitioner's representation dated 14.12.2016 seeking for a change to the spelling of the petitioner's mother's name. The petitioner has also submitted that along with his representation he has filed supporting documents to show that his mother's name was Santhanam Ammal and not Santhammal. Hence, there shall be a direction to the first respondent to consider the petitioner's representation, dated 14.12.2016 for changing his mother's name from Santhammal to Santhanam Ammal, by considering the supporting documents filed by the petitioner and pass orders on the same within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(Co) /True Copy/ Sub-Assistant Registrar To

1. Tahsildar, Madurai North, Madurai.

2. The District Collector, Madurai District, Madurai.

+1 CC TO M/S.S.MAHESHBABU,ADVOCATE,SR NO.6188 trp MAS/KP:21.04.2017:2P-4C W.P.(MD)No.20165 of 2013 03.02.2017 https://hcservices.ecourts.gov.in/hcservices/