Madras High CourtWP/2241/2022disposed of

Mrs.D.Thabithal Selvi v. The Tahsildar

2022-02-11Honourable Dr Justice Anita Sumanth2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.02.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.2241 of 2022 Mrs.D.Thabithal Selvi

...Petitioner

Vs The Tahsildar, Tambaram, Taluk Office Building 1st Floor, GST Road, Tambaram, Chennai - 600 045.

... Respondent Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to consider and pass orders on the representation given by the petitioner on 17.08.2021 to issue a legal heirship certificate to the petitioner.

For Petitioner : Mr.K.Livingston For Respondent : Mr.Vadivelu Deenadayalan Additional Government Pleader

ORDER

Mr.Vadivelu Deenadayalan, learned Additional Government Pleader accepts notice for the respondent and is armed with instructions to proceed with the matter finally. Hence, by consent expressed by both learned counsel, this Writ Petition is disposed finally even at the stage of admission.

2. The petitioner seeks a mandamus directing the respondent to consider and pass orders on her representation dated 17.08.2021 for issuance of legal heirship certificate.

3. On instructions, learned Additional Government Pleader would submit that the representation is not in proper form, as an application has to be filed for issuance of a legal heirship certificate in specified format. That apart, he would submit that an order has to be produced from the Civil Court in support of the various averments in the representation filed. https://hcservices.ecourts.gov.in/hcservices/

4. In the interests of clarity, I may state that the petitioner seeks issuance of legal heirship certificate in relation to her father, who is stated to be missing for more than 11 years and could not be traced. This is perhaps the reason why the respondent seeks various other supporting details including an order from the competent civil Court.

5. Be that as it may and seeing as the representation is, admittedly, pending before the respondent, it would be appropriate that the respondent is directed to consider the representation of the petitioner dated 17.08.2021, hear the petitioner and pass orders on merits and in accordance with law indicating the details required from the petitioner and the stand of the respondent, within a period of six (6) weeks from today.

6. The Writ Petition is disposed in the aforesaid terms. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar sl To The Tahsildar, Tambaram, Taluk Office Building 1st Floor, GST Road, Tambaram, Chennai - 600 045.

+2cc to Mr.K.Livingston for M/s.Sananta and Ston, Advocate, S.R.No.8792 +1cc to the Government Pleader, S.R.No.9209 W.P. No.2241 of 2022 KG(CO) SB(24/02/2022) https://hcservices.ecourts.gov.in/hcservices/