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Madras High CourtWP/4289/2022disposed of

M.Periyasamy (Deceased) v. The District Collector

2024-02-28Honourable Dr Justice Anita Sumanth4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 28.02.2024

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH M.Periyasamy (Deceased) Siyalammai ... Petitioners (P2-substituted as LRs of deceased P1, as per order dated 28.11.2023 in WMP.4336 of 2023 in WP.4289 of 2022 by this Court) 1.The District Collector, Perambalur District Collector Office, Perambalur - 621 212.

2.The Revenue Divisional Officer, Perambalur Taluk, Perambalur - 621 212.

3.The Tahsildar, Perambalur Taluk, Perambalur - 621 212.

4.P.Tamilselvi .... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to remove 1 / 4

the 4th respondents' name from the legal heir certificate based on the petitioner's representation dated 21.12.2021.

For Petitioners : No Appearance For Respondents : Mr.G.Nanmaran (for R1 to R3) Special Government Pleader and Mr.S.John J.Raja Singh Additional Government Pleader No Appearance (for R4)

O R D E R

None appears for the petitioner even though the matter has been passed over to see there is any representation in the second half. 2.The prayer of the petitioner is for a mandamus directing the official respondents/R1 to R3 to remove the name of the 4th respondent from legalheirship certificate based on the petitioner's representation dated 21.02.2021. R4 has been served and her name is printed in the cause list, but there is no appearance on her behalf. In any event, her interests are taken note of and protected under this order.

3.Mr.G.Nanmaran, learned Special Government Pleader and Mr.S.John J.Raja Singh, learned Additional Government Pleader appears on behalf of the official respondents/R1 to R3, have obtained instructions to state that the 2 / 4

representation of the petitioner dated 21.12.2021 is indeed pending before the authority and the same would be disposed expeditiously. 4.Hence, mandamus is issued to Revenue Divisional Officer/R2 to hear the petitioner (substituted by legalheir on 28.11.2023) as well as R4 and pass orders on representation dated 21.12.2021 in accordance with law and all prevailing regulations and Government Orders within a period of six (6) weeks from date of receipt of a copy of this order.

5.This writ petition is disposed in terms of this order. No costs. 28.02.2024 Index : Yes/No Speaking order To 1.The District Collector, Perambalur District Collector Office, Perambalur - 621 212.

2.The Revenue Divisional Officer, Perambalur Taluk, Perambalur - 621 212.

3.The Tahsildar, Perambalur Taluk, Perambalur - 621 212.

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DR.ANITA SUMANTH, J.

28.02.2024 4 / 4