Manonmani v. Revenue Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 21.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.No.1358 of 2025 and WMP No.1607 of 2025 Manonmani ... Petitioner Vs.

1. The Revenue Tahsildar, Thittagudi Taluk Office, Cuddalore District.

2. The Revenue Inspector (west), Thittagudi Taluk Office, Cuddalore District.

3. Village Administrative Officer, Ma.Podaiyur Village Administrative Office, Thittagudi Taluk, Cuddalore District.

4. Periyammal

5. Kandan ... Respondents Prayer: Writ petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Mandamus, directing the first respondent to consider and pass order based on the objection submitted by the petitioner dated 09.11.2024 and 14.12.2024, in accordance with law.

For Petitioner : Mr. M.Velmurugan For Respondents : Mr.R.Neelakandan, Addl.Adv.General assisted by Mr.V.Ramesh, Govt.Adv.

for respondents 1 to 3.

ORDER

The petitioner herein seeks a direction to the first respondent to consider the objection submitted by the petitioner dated 09.11.2024 and 14.12.2024 and pass orders in accordance with law.

2. It is the case of the petitioner that her husband Panjasaram died in the year 2018 leaving behind the petitioner as his sole legal heir. The fifth respondent herein submitted an application, claiming himself as son of Panjasaram, for issuance of legal heirs certificate. The petitioner after acquiring knowledge of the same, filed an objection before the first respondent stating that she is the only legal heir of her deceased husband and the said objection has not been considered. Therefore, the petitioner has come before this Court.

3. Mr.R.Neelakandan, learned Additional Advocate General assisted by Mr.V.Ramesh, learned Government Advocate, who takes notice for the respondents 1 to 3 would submit that based on the application filed by the fifth respondent seeking issuance of legal heir certificate, an enquiry is fixed on 21.01.2025 by issuing notice to the petitioner and the fifth respondent. He further submits that only the fifth respondent has filed an application seeking issuance of legal heirs certificate and no application is filed by the fourth respondent.

4. In view of the fact that the first respondent already fixed a date for enquiry by issuing notice to the petitioner, without going into the merits of the claim made by the petitioner, this court is inclined to direct the first respondent to complete the enquiry and pass final orders on its own merits, within a period of four weeks from the date of receipt of copy of the order, after affording reasonable opportunity to the petitioner and the fifth respondent.

5. With the above direction, this writ petition is disposed of. There shall be no order as to costs. Connected miscellaneous petition is closed.

21.01.2025 Index:Yes/No Internet:Yes/No mst To

1. The Revenue Tahsildar, Thittagudi Taluk Office, Cuddalore District.

2. The Revenue Inspector (west), Thittagudi Taluk Office, Cuddalore District.

3. Village Administrative Officer, Ma.Podaiyur Village Administrative Office, Thittagudi Taluk, Cuddalore District.

S.SOUNTHAR, J.

mst 21.01.2025