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Madras High CourtWP/3509/2018disposed of

K.Chellamuthu, v. The Revenue Divisional Officer

2018-02-16Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.3509 of 2018 K.Challamuthu W/o.K.Sampath .. Petitioner Vs.

1.The Revenue Divisional Officer Tambaram.

2.The Tahsildar Alanthur, Chennai.

3.K.Palanivel ... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st respondent to consider the appeal dated 12.01.2018 of the petitioner.

For Petitioner : Mr.V.Devendhiran For Respondents : Mr.B.Anandan Government Advocate for R1 & R2

O R D E R

Mr.B.Anandan, learned Government Advocate takes notice for the respondents 1 and 2. Since this writ petition is being disposed of, without affecting the interest of the third respondent, notice to the said respondent is dispensed with.

2. The petitioner seeks for a mandamus directing the first respondent to dispose of the appeal filed by her on 12.01.2018, challenging the legal heir certificate issued by the second respondent in favour of the third respondent, in pursuant to the death of the petitioner's father-in-law. According to the petitioner, the third respondent is not the legal heir of the deceased person.

3. This Court, at this stage, is not expressing any view on the merits of the appeal filed by the petitioner, as it is for the first respondent to consider and decide the same. Accordingly, this writ petition is disposed of, only with a direction to the first respondent to consider the said appeal and pass orders on the same, after giving due opportunity of https://hcservices.ecourts.gov.in/hcservices/

hearing to the petitioner as well as the third respondent. Such exercise shall be done by the first respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar mk To 1.The Revenue Divisional Officer Tambaram.

2.The Tahsildar Alanthur, Chennai.

+1 cc to Govt Pleader sr 12518 W.P.No.3509 of 2018 aa23/02/2018 https://hcservices.ecourts.gov.in/hcservices/