Madras High CourtWP/5026/2023disposed of

R.Sridhar v. The Tahsildar

2023-02-27Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN and W.M.P. No. 5053 of 2023 R.Sridhar ... Petitioner -vsThe Tahsildar Egmore-Nungambakkam Taluk No.88, Mayor Ramanathan Salai Chetpet Chennai-600 031.

... Respondent Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for the records in pursuant to the impugned order made in Rev-114-Legal Heir Certificate in TN-7202211232436 dated 11.12.2022 passed by the respondent quash the same, consequently, direct the respondent to consider the Class-II legal heir application dated 23.11.2022 made by the petitioner after conducting fresh enquiry.

For Petitioner :

Mr. K.R.Krishnan For Respondent :

Mr. S.J.Mohammed Sathik Government Advocate (Criminal Side) 1/4

O R D E R

This writ petition has been filed challenging the order made in Rev-114-Legal Heir Certificate in TN-7202211232436 dated 11.12.2022 passed by the respondent and consequently, directing the respondent to consider the application dated 23.11.2022 made by the petitioner seeking ClassII legal heirship certificate, after conducting fresh enquiry.

2. Heard both sides and perused the materials available on record.

3. The petitioner had sought to be recognized as Class-II legal heir and he had applied for necessary legal heirship certificate before the Tahsildar, Egmore-Tahsildar Taluk, Chennai-31.

4. While being so, the petitioner received a SMS message rejecting his application. However, the said order is set aside and the matter is remitted to the respondent herein with a direction to follow the procedure as stated in G.O. Ms. No. 478, Revenue and Disaster Management, Revenue Administration Wing, RA-3(2) Section, dated 29.09.2022 before passing the final order. In this regard, the Tahsildar may issue a notice to the petitioner herein and seek 2/4

necessary clarification, if required and pass orders with reasons. The reasons are required since any order is passed to be appealable order. Reasons should be given. The entire exercise must be completed by the respondent within a period of six weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is disposed. Consequently, the connected Miscellaneous Petition is closed. No costs. 27.02.2023 Maya Index: Yes/No Internet : Yes/No NCS:Yes To The Tahsildar Egmore-Nungambakkam Taluk No.88, Mayor Ramanathan Salai Chetpet Chennai-600 031.

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C.V.KARTHIKEYAN, J.

Maya 27.02.2023 4/4