S.Gowri v. The Chief Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.02.2022
CORAM
THE HONOURABLE MR.JUSTICE M. DHANDAPANI W.P.NO.1646 of 2022 S. Gowri ... Petitioner Vs
1. The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai-600 009.
2. The Secretary, Revenue Department, Government of Tamil Nadu, Fort St. George, Chennai-600 009.
3. The Principal Secretary, Commissioner of Revenue Administration, Revenue Administration Disaster, Management & Mitigation Department, Chepauk, Chennai-600 005.
4. The Collector, Rajaji Salai 4th Floor, 62, Beach Road, Chennai.
5. The Revenue Divisional Officer, 69/40, Anna Salai, Little Mount, Guindy, Chennai-600 032.
6. The Tahsildar, Guindy Taluk Office, 69/40, Anna Salai, Little Mount, Guindy, Chennai-600 032. ...Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to furnish a copy of legal heirship certificate of my parents - Late Thanikachalam and Late Yasodha-viz. Legal Heirship Certificate No.Mu.Mu.14736/89-C1 issued by the Tahsildar,
Saidapet to the petitioner within time stipulated by this Court. For petitioner : Mr. P. Ayya Swamy For Respondents : Mrs. C. Sangamithirai, Special Government Pleader for R1-R6
ORDER
The present petition has been filed seeking a direction to the respondents to furnish a copy of legal heirship certificate of my parents within the time stipulated by this Court.
2. Mrs. C. Sangamithirai, learned Special Government Pleader takes notice for respondents 1 to 6.
3. It is the case of the petitioner that after the demise of his parents namely Thanikachalam & Yasodha, the petitioner's brothers who are the Legal heirs of the deceased, have obtained a Legal heirship certificate in favour of them. Despite several requests being made, a copy of the said certificate was not furnished to the petitioner, who is also a Legal heir of the deceased. Aggrieved by the same, the petitioner made a representation dated 13.12.2021 to the respondents for furnishing the Legal heirship certificate. However, till date, the same has not been considered Hence, the present petition is filed seeking the aforesaid relief.
4. Though very many grounds have been raised, learned counsel appearing for the petitioner submits that it would suffice if this Court issues a direction to the respondents to consider the representation dated 13.12.2021 to furnish a copy of a legal heirship certificate and dispose of the same in accordance law within the time stipulated by this Court.
5. On the above contentions, heard the learned Special Government Pleader appearing for the respondents and perused the materials available on record.
6. In view of the aforesaid submissions, this Court without going into the merits of the case, directs the petitioner to make a fresh application before the 6th or 5th respondent along with the copy of this order, within a period of two weeks from the date of receipt of a copy of this order. On such application being made, the 5th or 6th respondent is directed to consider and dispose of the same in accordance with law within a period of twelve weeks thereafter.
7. With the aforesaid direction, this Writ Petition is disposed of. No Costs.
Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar NHS To
1. The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai-600 009.
2. The Secretary, Revenue Department, Government of Tamil Nadu, Fort St. George, Chennai-600 009.
3. The Principal Secretary, Commissioner of Revenue Administration, Revenue Administration Disaster, Management & Mitigation Department, Chepauk, Chennai-600 005.
4. The Collector, Rajaji Salai 4th Floor, 62, Beach Road, Chennai.
5. The Revenue Divisional Officer, 69/40, Anna Salai, Little Mount, Guindy, Chennai-600 032.
6. The Tahsildar, Guindy Taluk Office, 69/40, Anna Salai, Little Mount, Guindy, Chennai-600 032.
+1cc to Mr.P.Ayyasamy, Advocate, S.R.No.7577 W.P.NO.1646 of 2022 KG(CO) SU(28/03/2022)