S.Dhakshayani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.03.2021 C O R A M THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.7696 of 2021 S.Dhakshayani ... Petitioner Vs.

1.The District Collector, Singaravelar Maaligai, No.62, Rajaji Salai, 4th Floor, Chennai District, Chennai - 600 001.

2.The Divisional Revenue Officer, Singaravelar Maaligai, No.62, Rajaji Salai, 4th Floor, Chennai - 600 001.

3.The Revenue Divisional Officer, North Chennai, Tondiarpet taluk, New Washermenpet, Chennai - 600 081.

4.The Tahsildar, Tondiarpet Taluk, New Washermenpet, Chennai - 600 081.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus calling for the records pertaining in proceedings vide Na.Ka.No.A2/1657/2020, dated 19.02.2021 on the file of the 4th respondent and quash the same and consequently direct the 4th respondent to issue the legal heirship certificate on the basis of Online Application dated 14.12.2020 of the petitioner. For Petitioner :Mr.Patricks For Respondents :Mr.V.Shanmuga Sundar Special Government Pleader

O R D E R

This writ petition has been filed challenging the order dated 19.02.2021 passed by the fourth respondent rejecting the petitioner's application for legal heirship certificate for her deceased husband Suresh kumar on the ground that the daughter of

the first wife of Suresh Kumar by name Abinaya had given a representation that the petitioner is not lawfully wedded to Suresh Kumar.

2. Mr.V.Shanmuga Sundar, learned Special Government Pleader accepts notice for the respondents. By consent of both the parties, this writ petition is taken up for final disposal at the time of admission itself.

3. Heard Mr.Patricks, learned counsel for the petitioner and Mr.V.Shanmuga Sundar, learned Special Government Pleader for the respondents.

4. This Court has perused and examined the impugned order.

5. In the considered view of this Court, the impugned order passed by the fourth respondent is a speaking order. Hence, the only remedy available to the petitioner is to file a statutory appeal before the third respondent, instead the petitioner has chosen to file this writ petition which is not maintainable for the aforementioned reasons.

6. Learned counsel for the petitioner on instructions seeks liberty of this Court for the petitioner to challenge the impugned order by filing the statutory appeal before the third respondent. The same is recorded by this Court.

7. Accordingly, this writ petition is disposed of by granting liberty to the petitioner to prefer the statutory appeal before the third respondent within a period of fifteen days from the date of receipt of a copy of this Order. No costs.

8. Since the petitioner has decided to prefer a statutory appeal before the third respondent, Registry is directed to return the original impugned order forthwith. Sd/- Assistant Registrar(CS III) /TRUE COPY/ Sub-Assistant Registrar To 1.The District Collector, Singaravelar Maaligai, No.62, Rajaji Salai, 4th Floor, Chennai District, Chennai - 600 001.

2.The Divisional Revenue Officer, Singaravelar Maaligai, No.62, Rajaji Salai, 4th Floor, Chennai - 600 001.

3.The Revenue Divisional Officer, North Chennai, Tondiarpet taluk, New Washermenpet, Chennai - 600 081.

4.The Tahsildar, Tondiarpet Taluk, New Washermenpet, Chennai - 600 081.

5.The Section Officer, ER Section (Writ), High Court, Madras.

(to return the original impugned order to the petitioner forthwith ) +1cc to Mr.KR.GUNASEKAR, ADVOCATE, SR.NO. 19026 W.P.No.7696 of 2021 AAB(CO) KKN 17.04.2021