E.Sarmila Glory v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.02.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.3707 of 2022 E. Sarmila Glory ... Petitioner Vs

1. The Revenue Divisional Officer, Chennai North, 472, TH Road, Tondiarpet, Chennai - 60 001.

2. The Tahsildar, Taluk Office, Madavaram, Chennai - 600 060.

3. Mary ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to consider the petitioner's appeal dated 22.11.2021 filed for removing the name of the 3rd respondent herein from the legalheirship certificate dated 23.07.2021 issued by the 2nd respondent herein and to issue a fresh legal heirship certificate in accordance with law.

For Petitioner : Mr.K.Govi Ganesan For Respondents: Mr.Vadivelu Deenadayalan

O R D E R

Mr.Vadivelu Deenadayalan, learned Additional Government Pleader accepts notice for R1 and R2 and is armed with instructions to proceed with the matter finally. In view of the order passed in the paragraphs to follow, no notice is thought necessary to R3 at this juncture. Hence, by consent expressed by the learned counsel for the petitioner and the learned Additional Government Pleader for R1 and R2, this Writ Petition disposed finally even at the stage of admission. https://hcservices.ecourts.gov.in/hcservices/

2. The petitioner prays for a mandamus directing R1 to consider appeal dated 22.11.2021 seeking removal of the name of R3 from the legal heirship certificate dated 23.07.2021 issued by R2 pursuant to the demise of one P.A.Stanislaus and issue a fresh a legal heirship certificate.

3. Mr.Vadivelu, on instructions, would submit that the appeal is proposed to be taken up for hearing on 09.03.2022. Hence, the date of hearing of the appeal is fixed as 09.03.2022 and the petitioner has been put to notice of the same through his counsel. Notice will be issued to R3 as well for the aforesaid hearing.

4. Thus, the parties, i.e., the petitioner and R3 are directed to appear before R1 on 09.03.2022 at 10.30 a.m. without expecting any further notice in this regard for hearing of the appeal in question. After hearing both the parties, that is the petitioner and R3 and post consideration of all relevant materials, a speaking order shall be passed by R1 within a period of six (6) weeks from date of conclusion of the hearing on merits, in accordance with law and all applicable rules and regulations.

5. This Writ Petition is disposed as above. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar Sl To

1. The Revenue Divisional Officer, Chennai North, 472, TH Road, Tondiarpet, Chennai - 60 001.

2. The Tahsildar, Taluk Office, Madavaram, Chennai - 600 060.

+1cc to the Government Pleader Sr.13031 +1cc to Mr.K.Govi Ganesan, Advocate Sr.12503 W.P.No.3707 of 2022 ak-II[co] srg 28/02/2022 https://hcservices.ecourts.gov.in/hcservices/