B.L.Vimala v. The Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE N.MALA W.A.NO.1151 OF 2022 B.L.Vimala ... Appellant/Petitioner .Vs.

The Tahsildar, Sholinganallur Taluk, Chengalpattu District.

... Respondent/Respondent PRAYER:- Appeal under Clause 15 of the Letters Patent against the order dated 02.02.2022 in W.P.No.1443 of 2022. PRAYER IN W.P.NO.1443 OF 2022:- Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Ceritiorarified Mandamus calling for the records of the impugned proceedings of the Respondent in Na.Ka.No.43424/2021/Aa1, dated 01/2022, signed on 05/01/2022 and quash the same and further issue necessary direction, directing the Respondent to issue Legal Heir Certificate of the deceased Balthasar, by adding the name of the Petitioner as his Legal Heir.

For Appellant :

Mr.A.Prabhakaran For Respondent :

Mr.P.Muthukumar State Government Pleader Assisted by Mrs.R.Anitha Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/

JUDGMENT

(Delivered by the Hon'ble Chief Justice) By this writ appeal, a challenge is made to the judgment dated 02.02.2022 passed in W.P.No.1443 of 2022, whereby the writ petition preferred to seek a direction on the respondent to issue legal heir certificate of the deceased Balthasar was dismissed.

2. The learned Single Judge, while dismissing the writ petition found a dispute on the claim made by the appellant, as she claimed herself to be an adopted daughter of the deceased. In the absence of a valid adoption deed, the learned Single Judge held that the Tahsildar can not issue legal heir certificate in favour of the appellant. However, the learned Single Judge granted liberty to the appellant to approach the competent civil Court for the purpose of resolving the issues in the manner known to law.

3. We find no illegality or error in the order of the learned Single Judge and, accordingly, the writ appeal fails and is dismissed. There will be no order as to costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar bbr To The Tahsildar, Sholinganallur Taluk, Chengalpattu District.

+1cc to Mr.A.Prabhakaran, Advocate, S.R.No.33873 +1cc to the Government Pleader, S.R.No.33742 W.A.NO.1151 OF 2022 GPL(CO) PBS/15/06/2022 https://hcservices.ecourts.gov.in/hcservices/