Lawfully yours: By Retd Justice K Chandru
Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court Do you have a question? Email us at citizen.dtnext@dt.co.in
CHENNAI:
Administrative authorities have no power to correct/review their orders
Q:My aunt had applied for a legal heir certificate and the same was issued to her by the Chennai Tahsildar on the 30th of June 2005. It is now that she realised that there are spelling mistakes in the names of the legal heirs. She contacted the Tahsildar (who issued the certificate), but the official refused to correct the name and said that it could not be done now. The Tahsildar further suggested getting the legal heir certificate cancelled at the District Revenue Office and applying for a fresh legal heir certificate online. Sir, I would like to know, whether this is the right method. If the Tahsildar refuses to correct the spelling mistake, what is the remedy? — Thomas S, Chennai
The tahsildar is correct in saying so. Normally, the administrative authorities have no vested power to either correct their orders or review their orders. Whereas any court has unlimited power to make corrections of a clerical nature. Therefore, as the tahsildar suggested, file an appeal before the appellate authority (DRO) and get a direction to issue a corrected legal heir certificate.
Give Power of Attorney to oneyou trust to fight your case
Q: I am living in the US and have rented out my home in my native town Tirunelveli to a businessman who is using it for commercial purposes (storing goods), after entering into an 11-month unregistered rental agreement with a specific clause not to sublet the property. I recently found out through my friends that he had sublet the open space around the building to a shop located in my backyard. The shop owner has installed a genset in my property without my knowledge and has demolished a portion of the compound wall for the purpose. Kindly guide me to the best possible action against the tenant and neighbour who broke through my property. I am constrained a lot as I am living abroad. -- Karunasagar, US
You can’t fight your legal battle sitting in the US. Give a Power of Attorney to a person whom you trust and ask him to fight the legal battle for you. You can go to both civil or criminal court and register a criminal case.
