Janaki Venkatraman v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.01.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Janaki Venkatraman ... Petitioner versus 1.The District Collector, Chengalpattu District.

2.The Tahsildar, Taluk Office, No.15/17, Military Quarters, Alandur, Chennai - 600 016.

.....Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, to direct the second respondent to conduct an enquiry in petitioner's representation dated 04.08.2023 pending on the file of the second respondent and pass orders on merits to issue the legal heirship certificate to the petitioner and necessary/eligible parties as Class II Legal Heirs of the deceased Mrs.T.J.Muthulakshmi within a fixed time frame. Pg.Nos.1/5

For Petitioner :

Ms.Usha Ramman For Respondents :

Mrs.V.Yamunadevi Special Government Pleader

O R D E R

Mrs.V.Yamunadevi, learned Special Government Pleader accepts notice for respondents. With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner has given a representation to the second respondent on 04.08.2023, seeking to conduct an enquiry and issue legal heir certificate to the petitioner and necessary/eligible parties as Class II Legal Heirs of the deceased Mrs.T.J.Muthulakshmi. Since there was no response from the second respondent till date, the present writ petition has been filed.

3. The learned Special Government Pleader appearing for the respondents submitted that the prevailing practice to issue legal heir certificate as on date is that a person, who wants the legal heir certificate Pg.Nos.2/5

has to make an application through online and obtain the same and so far, the respondents have not received any application through online from the petitioner and that if the petitioner submit an application through online, the same will be considered by the respondents

4. It is seen that the petitioner has not produced any document to show that he has made an application through online for getting legal heir certificate, but he has given a representation alone to the respondents. Therefore, this Court is not inclined to grant any relief as sought for in this writ petition.

5. In view of the above, this Writ petition is dismissed. There shall be no order as to costs. However, liberty is granted to the petitioner to submit an application through online, as per the prevailing practice. In case, the petitioner submits the application through online, the respondents, shall complete the procedures, if the application is otherwise in order and Pg.Nos.3/5

issue certificate, within a period of two months from the date of receipt of a copy of the application.

18.01.2024 Index: Yes/No Speaking Order : Yes/No ms To 1.The District Collector, Chengalpattu District.

2.The Tahsildar, Taluk Office, No.15/17, Military Quarters, Alandur, Chennai - 600 016.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 18.01.2024 Pg.Nos.5/5