Madras High CourtWP/1079/2021disposed of

P.Vivekanandan v. The District Revenue Officer

2021-02-10Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2021

CORAM:

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.1079 of 2021 and W.M.P.No.1201 of 2021 1.P.Vivekanandan 2.A.Kalyanasundaram ... Petitioners Vs.

1.The District Revenue Officer, Kancheepuram District Collector Office, Kancheeepuram District.

2.V.Neelakandan 3.Mrs.Gowri 4.Mrs.Santhi 5.Mrs.Anna Pusanam 6.Mr.Ruthramoorthy 7.Mrs.Renuka 8.Mr.Purushothaman 9.Ms.Kavitha ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the 1st respondent to consider and pass orders on the petitioners' representations dated 21.09.2020 and 12.10.2020 within a stipulated time fixed by this Court. For Petitioners : Ms.A.sumathy For Respondents : Mr.K.Parameshwaran for R1 Government Advocate

O R D E R

This writ petition has been filed seeking for a direction to the first respondent to consider and pass orders on the petitioners' representations dated 21.09.2020 and 12.10.2020 within a time frame to be fixed by this Court. 2.The petitioners have given the aforesaid representations to the first respondent to cancel the legal heirship certificate dated 20.04.2006 issued for Vaithi who died on 10.05.1976.

According to the petitioners, based on fabricated documents, the respondents 2 to 9 have obtained the legal heirship certificate for Vaithi under the impugned order. The petitioner has given representations on 21.09.2020 and 12.10.2020 seeking for cancellation of the legal heirship certificate. Since the representations have not been considered, this writ petition has been filed.

3.Heard Ms.A.Sumathy, learned counsel for the petitioners and Mr.K.Parameshwaran, learned Government Advocate for the first respondent.

4.On instructions, Mr.K.Parameshwaran, learned Government Advocate for the first respondent would submit that the petitioners representations dated 21.09.2020 and 12.10.2020 are being considered by the first respondent and the next date of enquiry is scheduled to take place on 03.03.2021 at 3.00 P.M. 5.It is also submitted by the learned Government Advocate appearing for the first respondent that only after hearing the petitioners as well as the respondents 2 to 9, the first respondent will pass final orders on the petitioners representations dated 21.09.2020 and 12.10.2020. 6.After recording the submission made by the respective counsels, this Court directs the first respondent to consider and pass final orders on the petitioners representations dated 21.09.2020 and 12.10.2020 seeking for cancellation of legal heirship certificate issued for Vaithi on 20.04.2006 on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.

7.With the aforesaid direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pam

To The District Revenue Officer, Kancheepuram District Collector Office, Kancheeepuram District.

+1cc to Mr.A.Sumathy, Advocate, S.R.No. 8177 W.P.No.1079 of 2021 AD(CO) GN(16/02/2021)