P.Amirtham v. The Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 20.02.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Amirtham.
... Petitioner /versus/
1. The Collector, Chennai District, Collectorate Office, 62, Rajaji Salai Chennai-600 001.
2. The Revenue Divisional Officer, Chennai Central Division, S-73, SH112, Gandhi Nagar, Anna Nagar West Ext., Chennai-600 101.
3. The Tahsildar, Amijikarai Taluk, Bharatipuram Main Road, Gajalakshmi Colony, Shenoy Nagar, Chennai- 600 030.
4. V.Sudha, ... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the 3rd Respondent to cancel the Legal
Heir Certificate bearing number TN-7202402191720, dated 01/03/2024 and issue a fresh legal heir certificate by including the name of the Petitioner herein and to take necessary action against the 4th respondent for suppressing material facts and obtaining the legal heir certificate.
For Petitioner : Mr.C.P.Prasanth Gopal For Respondents : Mr.R.Neelakandan, Additional Advocate General, Assisted by Mr.S.Balamurugan, Government Advocate.
RR1 to 3 ***
O R D E R
Given the nature of relief that is prayed for, this writ petition is disposed of at the admission stage without notice to the 4th respondent.
2. It is the case of the petitioner that the petitioner's son, namely, R.Shanmuganathan died on 07.11.2023. While the legal heirship certificate was considered and granted and uploaded, the late R.Shanmuganathan's wife, the 4th respondent, namely, V.Sudha and minor son of R.Shanmuganathan, namely, S.Sai Mukund and daughter of the said R.Shanmuganathan, N.Swathi's names were mentioned. Whereas the petitioner's name has been shown as if she has already
died. The petitioner is very much alive. Therefore, the petitioner submitted an application and already an enquiry was conducted and the orders have been passed in favour of the petitioner. However, the corrected legal heirship certificate is not uploaded and not furnished to the petitioner.
3. The Learned Additional Advocate General appearing on behalf of the official respondents would also confirm the above facts.
4. In view thereof, since the right of the 4th respondent is not decided in this writ petition and since it is said that the authorities have decided in favour of the petitioner, this writ petition is disposed of the following terms. (i) The Authority shall upload the corrected legal heirship certificate as per their order by duly including the petitioner's name and also furnish a copy to the petitioner.
(ii) The above exercise shall be completed within a period of four weeks from the date of receipt of the web copy of the order without waiting for the certified copy of the order.
5. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.
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1. The Collector, Chennai District, Collectorate Office, 62, Rajaji Salai Chennai-600 001.
2. The Revenue Divisional Officer, Chennai Central Division, S-73, SH112, Gandhi Nagar, Anna Nagar West Ext., Chennai-600 101.
3. The Tahsildar, Amijikarai Taluk, Bharatipuram Main Road, Gajalakshmi Colony, Shenoy Nagar, Chennai- 600 030.
4. The Government Pleader, High Court, Madras.
D.BHARATHA CHAKRAVARTHY , J.
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