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2023 Supreme(Online)(MAD) 38616
MADRAS HIGH COURT
C.V.Karthikeyan, J
A. Terencia – Appellant
Versus
Secretary The State Board of School Examinations (SEC), Tamil Nadu – Respondent
W.P.No. 27987 of 2022
For the Appellants/Petitioners: A.R.Suresh
For the Respondents: P.Rajarajeswari, P.T.Ramadevi
A declaration regarding the identity of a person using different names requires evidence and examination of parties, which is the jurisdiction of a Civil Court rather than a Writ Court.
Headnote:The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a declaration that the names "A.Terencia Adaikalam" and "A.Terencia", appearing in various certificates before and after a Government Gazette notification dated 17.07.2013, refer to the same person. The core issue is whether a Writ Court can grant a declaration that two different names refer to one individual. The court observed that while the facts suggest the names refer to the same person, such a declaration requires the examination of parties and evidence, which is a function of a Civil Court. The Writ Petition stands disposed of with liberty given to the petitioner to approach the competent Civil Court.
| Table of Content |
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| 1. petitioner seeks legal recognition that two differing names refer to one individual following a gazette notification. (Para 1 , 2) |
| 2. declaratory reliefs regarding identity must be sought in civil court for evidentiary purposes. (Para 3) |
| 3. disposal of the writ petition without costs. (Para 4) |
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For Petitioner :: Mr. A.R.Suresh
For RR 1, 3 & 4 :: Mr. P.Rajarajeswari
Government Advocate
For 2nd Respondent :: Mr. P.T.Ramadevi
Standing Counsel
ORDER
The Writ Petition has been filed in the nature of Mandamus seeking a declaration that this Court should declare that two different names of one individual referred to the same person. The two names are A.Terencia Adaikalam and A.Terencia.
2. The father of the petitioner, when the petitioner was born, had given her name as A.Terencia Adaikalam. Subsequently, the petitioner had followed due procedure after publication in Government Gazette, had changed her name A.Terencia Adaikalam to A.Terencia also as Terencia .A. By this Writ Petition, a declaration is sought both the names referred the only one person.
3. It is obviously only one person but a declaration can be obtained from a Civil Court where an opportunity will be there to be examine the parties and evidence to be let in. Liberty is given to the petitioner herein to approach competent Civil Court. Suffice to point out that A.Terencia Adaikalam and A.Terencia and Terencia .A, all refer to the writ petitioner alone.
4. The Writ Petition stands disposed of. No order as to costs.
