Madras High CourtWP/5017/2023disposed of

Mrs.Mathangi v. The Tahsildar

2023-02-22Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Mathangi ...

Petitioner Vs 1 The Tahsildar Mambalam Taluk, New No.1, Old No.2, Bharathidasan Salai, K.K.Nagar, Chennai 600078 (Near R.T.O.Office BSNL Telephone Exchange) 2 The Revenue Inspector, Mambalam Taluk, New No.1, Old No.2, Bharathidasan Salai, K.K.Nagar, Chennai 600078 (Near R.T.O.Office BSNL Telephone Exchange) ...

Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Mandamus directing the respondents to conduct the proper enquiry and issue the legal heirship certificate infavour of the petitioner and her 2 sisters. For the Petitioner :

Mr.D.Yogeswaran For the Respondents :

Mr.S.J.Mohammed Sathik, Government Advocate 1/4

O R D E R

Learned counsel for the petitioner is not present. However, learned Additional Advocate General is present.

2. The writ petition has been filed in the nature of a mandamus seeking a direction to the respondents particularly the first respondent/Tasildar, Mambalam Taluk, to conduct a proper enquiry and issue legal heirship certificate in favour of the petitioner and her two sisters.

3. The petitioner had applied for legal heirship certificate relating to one Vaisnavi, who died on 20.09.2014. The petitioner claims that she should be recognized as second class legal heir.

4. Learned Additional Advocate General had been very fair in stating that the said procedure adopted by the first respondent is not proper.

5. A direction is given to the first respondent to take the application on record and conduct proper enquiry and thereafter pass a considered order in the light of G.O.Ms. No. 478, Revenue and Disaster 2/4

Management Department dated 29.09.2022. The said order must be passed within a period of six weeks from the date of receipt of a copy of this order.

6. The writ petition stands disposed of. No costs. 22.02.2023 Index: Yes/no mrn To 1 The Tahsildar, Mambalam Taluk, New No.1, Old No.2, Bharathidasan Salai, K.K.Nagar, Chennai 600078 (Near R.T.O.Office BSNL Telephone Exchange) 2 The Revenue Inspector, Mambalam Taluk, New No.1, Old No.2, Bharathidasan Salai, K.K.Nagar, Chennai 600078 (Near R.T.O.Office BSNL Telephone Exchange) 3/4

C.V.KARTHIKEYAN, J.

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