Madras High Court
A.James @ Jerome vs The District Collector on 1 April, 2021
W.A.(MD)No.752 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.752 of 2021
A.James @ Jerome : Appellant
Vs.
1.The District Collector,
Kanyakumari District
at Nagercoil.
2.The District Revenue Officer,
Nagercoil,
Kanyakumari District.
3.The Tahsildar,
Simon Colony Village,
Kalkulam Taluk,
Kanyakumari District. : Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent as against the
order dated 08.02.2021 made in W.P.(MD)No.2104 of 2021.
For Appellant : Mr.A.Balakrishnan
For Respondents : Mr.K.P.Krishnadoss
Special Government Pleader
*****
1/4
http://www.judis.nic.in
W.A.(MD)No.752 of 2021
JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.)
This appeal has been preferred by the appellant as against the order of the
learned Single Judge, who, while declining to entertain the writ petition, indicated
that the remedy open to the appellant is to file an appeal.
2. Learned Counsel appearing for the appellant submitted that the impugned
order has been passed by the third respondent without even understanding the
request made by the appellant. The appellant did not want to insert his name, but,
wanted to update his name, since he has changed his name from Jerome to
A.James, by making publication in the official gazette. Without understanding and
appreciating the aforesaid factum, through whatsapp message, the request made
was rejected stating that already there exists a name in the patta.
3. Learned Special Government Pleader appearing for the respondents
submitted that the remedy open to the appellant is to file an appeal.
4. Having heard the learned Counsel appearing for the parties, we are
inclined to interfere with the order of the learned Single Judge and set aside the
http://www.judis.nic.in
W.A.(MD)No.752 of 2021
order passed by the third respondent. In fact, the specific case of the appellant is
that the patta stands in his own name. He has changed his name from Jerome to
James and therefore, he wanted to update the same in the patta. Without
considering the aforesaid aspect, in a mechanical manner, the impugned order has
been passed.
5. In such view of the matter, the order passed by the learned Single Judge
and the order passed by the third respondent, which is impugned in the writ
petition, stand set aside. The third respondent is directed to pass appropriate
orders, afresh, after affording a personal hearing to the appellant and decide the
issue as to whether the name, which stands in the patta, belongs to the appellant
herein, who seeks to update it. The needful in this regard will have to be done
within a period of eight weeks from the date of receipt of a copy of this judgment.
6. In fine, the writ appeal as well as the writ petition stand allowed. No
costs.
Index : Yes / No [M.M.S.,J.] [S.A.I.,J.]
Internet : Yes 01.04.2021
gk
http://www.judis.nic.in
W.A.(MD)No.752 of 2021
M.M.SUNDRESH, J.
AND
S.ANANTHI, J.
gk
To
1.The District Collector,
Kanyakumari District
at Nagercoil.
2.The District Revenue Officer,
Nagercoil,
Kanyakumari District.
3.The Tahsildar,
Simon Colony Village,
Kalkulam Taluk,
Kanyakumari District.
W.A.(MD)No.752 of 2021
01.04.2021
http://www.judis.nic.in
