← Library
Madras High CourtWP/7505/2023disposed of

Manimegalai v. The District Collector

2023-03-16Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI Manimegalai ... Petitioner Vs.

1.The District Collector, Chennai District, Chennai - 600 001.

2.The Revenue Divisional Officer, Central Chennai, Maduravoyal, Chennai - 600 095.

3.The Tahsildar, Maduravoyal Taluk, Maduravoyal, Chennai - 600 095.

4.P.Lakshmi ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for records and to quash the wrongly issued Legal Heirship Certificate No.TN-7202109142017 dated 23.09.2021 by the 3rd respondent to the 4th respondent. For Petitioner : Mr.T.V.Vineeth Kumar For Respondents : Mr.K.M.D.Muhilan Additional Government Pleader [R1 to R3] 1/4

ORDER

This Writ Petition has been filed seeking for the issuance of a Writ of Certiorari, to call for records and to quash the wrongly issued Legal Heirship Certificate No.TN-7202109142017 dated 23.09.2021 by the 3rd respondent to the 4th respondent.

2.The case of the petitioner is that the petitioner is the legally wedded wife of the deceased, namely Padmadharan. However, the third respondent/Tahsildar had issued a legal heir certificate vide Legal Heirship Certificate No.TN-7202109142017 dated 23.09.2021 in favour of the fourth respondent and her son. Hence, the petitioner had made a complaint to cancel the said legal heirship certificate before the second respondent, who in turn, directed the third respondent to conduct a detailed enquiry on the complaint and pass appropriate orders. However, the enquiry is not completed so far. Hence, the petitioner has filed the present writ petition before this Court for appropriate directions. 3.Mr.T.V.Vineeth Kumar, learned counsel for the petitioner would submit that, it would suffice, if this Court issues a direction to the second 2/4

respondent to conduct enquiry and pass appropriate orders within a time frame that may be fixed by this Court.

4.Mr.K.M.D.Muhilan, learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that already the third respondent has forwarded the entire papers to the second respondent for conducting enquiry and the second respondent has also issued a notice to the petitioner as well as the fourth respondent for the enquiry to be conducted on 21.03.2023. He fairly submitted that the enquiry will be concluded and appropriate orders will be passed, within the time frame that may be fixed by this Court.

5.In view of the aforesaid submissions, this Court is inclined to issue a direction to the second respondent, since the second respondent has already seized up the impugned order by way of an appeal and also issued a notice to the petitioner as well as the fourth respondent. 6.Accordingly, the second respondent is directed to conclude the enquiry and pass appropriate orders on or before 03.04.2023 on merits and in accordance with law.

3/4

M.DHANDAPANI, J.

sp 7.With the above direction, this writ petition is disposed of with the above directions. No costs.

16.03.2023 Index : Yes / No (2/2) Speaking order / Non-speaking order sp Note: Issue order copy on 23.03.2023.

To 1.The District Collector, Chennai District, Chennai - 600 001.

2.The Revenue Divisional Officer, Central Chennai, Maduravoyal, Chennai - 600 095.

3.The Tahsildar, Maduravoyal Taluk, Maduravoyal, Chennai - 600 095.

(2/2) 4/4