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Madras High CourtWP/9921/2018disposed of

P.S.M.Pathurjaman, v. The Tahsildar,

2018-04-23Honourable Mr Justice T.Raja4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.9921 of 2018 P.S.M.Pathurjaman ..

Petitioner -vs1.The Tahsildar, Purasavakkam Taluk Office, 3 Santams Road, Subramaniya Salai, Kannapper Thidal, Periamedu, Chennai-600 006.

2.The Revenue Division Office, O/o.Chennai Collectorate, Chennai District.

3.The Collector, O/o. The District Collectorate, Greater Chennai District, Chennai.

..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 24.01.2018 to be disposed of at an earlier date as this Court may fix.

For Petitioner ::

Mr.S.Mahaveershivaji For Respondents ::

Mr.D.Suryanarayanan, Additional Government Pleader

ORDER

The petitioner seeks a direction to the respondents to consider his representation dated 24.01.2018 at an early date. 2.The case of the petitioner is that his brother P.S.M.Ubaiyathullah, expired on 15.05.2013 at MIOT Hopital, Chennai and the same is registered on 20.05.2018 in the office of the Corporation of Chennai and a death certificate has also been issued to that effect on 31.07.2013. Although his brother died without any legal heirs, the first respondent had issued a bogus legal heir certificate stating that his brother had a son named Adulhasan and a daughter named Syed Sahana and they were born at Pioneer Hospital, Ramanathapuram and MMM Hospital, Chennai respectively. As his brother died without any 1st class legal heirs, the first respondent has no power to issue such a legal heir certificate. In this regard, the petitioner made a representation on 21.01.2018 to take necessary action. Finding no response, he is before this Court seeking the above prayer.

3.This Court, considering the fact that there is no enquiry held and the bogus legal heirs should not be granted any un-warranted benefit, hereby directs the second respondent to consider the representation dated 21.01.2018 made by the petitioner and pass orders, on merits and in accordance with law within a

period of four weeks from the date of receipt of a copy of this order. Accordingly, this writ petition is disposed of. No costs.

Speaking/Non speaking order 23.04.2018 Index : yes/no vga To 1.The Tahsildar, Purasavakkam Taluk Office, 3 Santams Road, Subramaniya Salai, Kannapper Thidal, Periamedu, Chennai-600 006.

2.The Revenue Division Office, O/o.Chennai Collectorate, Chennai District.

3.The Collector, O/o. The District Collectorate, Greater Chennai District, Chennai.

T.RAJA, J.

vga W.P. No.9921 of 2018 23.04.2018