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Madras High CourtWP/6386/2021disposed of

S.Gandhimathi v. The Tahsildar

2021-03-12Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2021

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P. No.6386 of 2021 S.Gandhimathi ....

Petitioner Vs.

The Tahsildar, Covai North Taluk Office, Coimbatore ...

Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus, directing the respondent to issue legal heir certificate based on the petitioner's application No.TN-720201222357 dated 22.12.2020 and also her representation dated 12.02.2021.

For Petitioner : Mr.R.P.Murugan Raja For Respondents : Mr.K.Parameshwaran, Govt.Advocate

ORDER

This Writ Petition has been filed for a mandamus seeking for a direction to the respondent to consider the petitioner's application seeking for issuance of legal heirship certificate for her deceased husband Mohanasundaram, who died on 31.10.2020 within a time frame to be fixed by this Court. 2.

It is the case of the petitioner that her husband Mohanasundaram died on 31.10.2020 leaving behind her and their only daughter Maruvarasi, as the only legal heirs. The petitioner has applied for legal heirship certificate on 22.12.2020 with the respondent. Since her application has not been considered till date, the Writ Petition has been filed. The petitioner has also given a representation on 12.02.2021 to the respondent reminding him about the request for issuance of legal heirship certificate for her deceased husband Mohansasundaram.

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3.

Heard Mr.R.P.Murugan Raja, learned counsel for the petitioner and Mr.K.Parameshwaran, learned Government Advocate accepts notice on behalf of the respondent. By consent of both the parties, this writ petition is taken up for final disposal at the time of admission itself.

4.

The relief sought for in this writ petition is an innocuous one. No prejudice will be caused to the respondent, if the petitioner's application dated 22.12.2020 seeking for issuance of legal heirship certificate for her deceased husband Mohanasundaram is considered on merits and in accordance with law, after hearing all the necessary parties, if any, including the petitioner.

5.

For the foregoing reasons, this Court directs the respondent to consider the petitioner's application dated 22.12.2020 seeking for issuance of legal heirship certificate for her deceased husband Mohanasundaram, who died on 31.10.2020 and pass final orders on merits and in accordance with law, after hearing the petitioner and other necessary parties, if any, within a period of 12 weeks from the date of receipt of a copy of this order.

6.

With the aforesaid direction, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar srn To The Tahsildar, Covai North Taluk Office, Coimbatore +1cc to Mr.R.P.Murugan Raja, Advocate SR.16678 W.P. No.6386 of 2021 GPL(CO) CB(31/03/2021) https://hcservices.ecourts.gov.in/hcservices/