D.Anand v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.10.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.31364 of 2015 and M.P.No.1 of 2015 D.Anand ... Petitioner -vs1. The District Collector, Kancheepuram District.
2. The Tahsildar, Alandur.
... Respondents PRAYER :
Writ Petition filed Under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the entire records relating to impugned notice issued by the second respondent dated 05.11.2013(x/K/vz;/4058-201-m6) and quash the same and consequently directing the respondents to issue Legal Heir Certificate to the petitioner based on the application of the petitioner dated 17.10.2013. For Petitioner : Mr.K.Harikrishnan For Respondents: Mr.K.M.D.Muhilan Government Advocate
O R D E R
The order impugned dated 05.11.2013 passed by the second respondent reveals that the petitioner submitted an application for grant of Legal Heirship Certificate.
2. However, on enquiry, the Tahsildar, Alandur found that the father of the petitioner died 15 years back and required particulars are not available. In the absence of required particulars, the Tahsildar will not be in a position to issue Legal Heirship Certificate. In such circumstances, the petitioner has to approach the Competent Court of Law to get right of succession in the manner known to law. The Tahsildar https://hcservices.ecourts.gov.in/hcservices/
cannot issue any such Legal Heirship Certificate in the absence of all required particulars.
3. In view of the matter there is no infirmity as such in the order impugned. Thus, the petitioner is at liberty to approach the competent Court of Law establishing his right of succession.
4. With these liberty, the Writ Petition stands disposed of. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar vji/sp To 1.
The District Collector, Kancheepuram District.
2. The Tahsildar, Alandur.
+1cc to the Government Pleader, S.R.No.53237 W.P.No.31364 of 2015 and M.P.No.1 of 2015 RLD(CO) CS/08/11/2021 https://hcservices.ecourts.gov.in/hcservices/