K.Malliga v. The District Collector

2024:MHC:6071

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01-02-2024

CORAM

THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM K.Malliga .. Petitioner -vs1.The District Collector, Thaiyur Kullam, Kancheepuram District, Kancheepuram-631 501.

2.V.Muniyammal 3.V.Arumugam 4.K.Maragatham 5.M.Lakshmi 6.A.Raman .. Respondents

Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 20.12.2019 and consequently to include the petitioner's name and her month-in-law name in the Legal Heirship Certificate.

For Petitioner :

Ms.S.Deepika For Respondent-1 :

Mr.P.Bala Thandayutham, Special Government Pleader.

For Respondents-2 and 5:

No Appearance For Respondent-3 :

Died, steps due For Respondent-4 :

Not Ready in Notice For Respondent-6 :

Mr.K.Rajendiran

O R D E R

The grievance of the petitioner is that an application submitted by the petitioner, seeking Legal Heirship Certificate, has not been considered by the first respondent, despite the fact that the petitioner has

filed declaration. The complaint made before the first respondent-District Collector is also kept pending.

2. The learned counsel for the petitioner would submit that the husband of the petitioner died in the year 2019 and they have no issues. Thu the petitioner submitted an application for issuance of Legal Heirship Certificate. Since the said application of the petitioner has not been considered by the first respondent, the present writ petition came to be instituted.

3. The learned Special Government Pleader, appearing on behalf of the first respondent would object the contentions raised on behalf of the petitioner by stating that there are certain discrepancies in the name of the father of the deceased husband of the writ petitioner. However, the High Court cannot conduct a roving enquiry in respect of such family disputes. Consequently, the Authorities can conduct an enquiry with reference to the documents and evidences made available and in this regard, the Government issued guidelines in G.O.Ms.No.478, Revenue and Disaster Management, Revenue Administration Wing, RA-3(2) Section, dated

29.09.2022.

4. As per the Government Order, cited supra, the District Revenue Officer is the Competent Authority. Thus the petitioner is at liberty to submit an application before the District Revenue Officer along with all necessary documents and evidences for issuance of Legal Heirship Certificate. On receipt of any such application, the District Revenue Officer concerned shall conduct an enquiry and pass appropriate orders on merits and in accordance with law, as expeditiously as possible.

5. With the above directions, the present writ petition stands disposed of. However, there shall be no order as to costs. 01-02-2024 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn

To The District Collector, Thaiyur Kullam, Kancheepuram District, Kancheepuram-631 501.

S.M.SUBRAMANIAM, J.

Svn WP 6947 of 2020 01-02-2024