Kasampoo v. State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.10713 of 2015 Kasampoo .. Petitioner - Vs - State Rep by The Tahsildar Purasaiwakkam Taluk, Chennai - 600 003.

.. Respondent Prayer:- Writ Petition has been filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondent herein to issue Legal Heirship Certificate to the petitioner herein considering the application dated 27.02.2014. Petitioner : Mr.T.Surendran For Respondent : Mr.Digvijaya Pandian Additional Government Pleader - - - - -

O R D E R

By consent the writ petition is take up for final disposal.

2. The petitioner, in the affidavit filed in support of this writ petition has stated that she is the wife of late L.Dhansingh who has retired from State Transport Corporation, Chennai Division-III, Pallavan House, Chennai - 600 002 in the year 1999 and was getting monthly pension till the date of his demise on 15.11.2012. The petitioner along with other legal heirs viz., daughter and son approached the respondent and submitted an application dated 27.02.2014, along with the death certificate for getting legal heirship certificate. Since no order came to be passed on the said application, the petitioner has come up with this writ petition.

3. Heard the submissions of the learned counsel appearing for the petitioner and Mr.Digvijaya Pandian, learned Additional Government Pleader accepts notice for the respondent.

4. Mr.Sathyanarayanan, Tahsildar, Purasaiwakkam Taluk, Chennai is present before this Court. He would submit that the application of https://hcservices.ecourts.gov.in/hcservices/

the petitioner dated 27.02.2014 has been misplaced and that is the reason why delay has occurred. He would further submit that in the event fresh application is being submitted, it will be processed expeditiously.

5. This Court taking into consideration the above facts and circumstances, directs the petitioner to submit one more application for getting legal heirship certificate by enclosing a copy of the earlier application dated 27.02.2014 to the respondent, within a period of one week from the date of receipt of a copy of this order and on receipt of the same, the respondent is directed to consider the request made by the petitioner positively and pass appropriate orders within a period of one week thereafter. This writ petition is disposed of accordingly. No costs.

kk -s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To The Tahsildar Purasaiwakkam Taluk, Chennai - 600 003.

+ 1 cc to Mr.T.Surendran, Advocate SR 20505 tej(co) prk17/4 W.P.No.10713 of 2015 https://hcservices.ecourts.gov.in/hcservices/