Ranjitham v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.5345 of 2022 Mrs.Ranjitham

...Petitioner

Vs.

1.The District Collector Thiruvallur District, Thiruvallur.

2.The Revenue Divisional Officer, Ponneri.

3.The Tahsildar, Ponneri Taluk, Ponneri.

4.Mrs.Srividya 5.Mrs.Nalini

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Mandamus, directing the respondents 1 to 3 to issue a ligal heirs certificate of the petitioner's father named Mr.Senthamarai, S/o. Late. Venkatachalam who died on 21.11.1986 in accordance with law considering the representation of the petitioner dated 11.05.2018.

For Petitioner : Mr.K.Chozhan For Respondents : Mr.Vadivelu Deenadayalan Additional Government Pleader

O R D E R

Mr. Vadivelu Deenadayalan, learned Additional Government Pleader accepts notice on behalf of R1 to R3 and is armed with instructions enabling a final disposal of the matter. In the light of the order which is proposed to be passed after hearing both learned counsel for the petitioner and official https://hcservices.ecourts.gov.in/hcservices/

respondents, no notice is thought necessary to the private respondents i.e. R4 and R5 at this juncture.

2. The prayer of the petitioner is for a mandamus directing R1 to R3 to issue a legal heir certificate pursuant to demise of his father one, Mr. Senthamarai on 21.11.1986. The petitioner also states that he has made a representation dated 11.05.2018 in this regard, which is still pending.

3. Mr. Vadivelu, learned Additional Government Pleader would point out that some of the documents, which were placed for consideration before the authorities appeared to have been fabricated and hence the delay. In any event, the representation of the petitioner as aforesaid is under consideration for which purpose R3/Tehsildar is prepared to hear the petitioner on any date fixed by this Court.

4. Since the private respondents would also have to be heard in the matter, let notice be issued to the petitioner as well as R4 and R5 on a date fixed by R3 for hearing the parties. After hearing all the parties and taking into consideration all/any documents/material produced by them, let legal heirship certificate be issued in accordance with law within a period of four weeks from the date of hearing the parties.

5. This writ petition stands disposed in the above terms. There shall be no order as to costs.

Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar nst/ska To 1.The District Collector Thiruvallur District, Thiruvallur.

2.The Revenue Divisional Officer, Ponneri.

3.The Tahsildar, Ponneri Taluk, Ponneri.

+1cc to Mr.D.Thanigai Vasan, Advocate SR. No.15625 +1cc to Government Pleader SR. No.16673 W.P. No.5345 of 2022 NRL (CO) PR (22/03/2022) https://hcservices.ecourts.gov.in/hcservices/