Dharani Nagarani v. The Dsitrict Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.8650 of 2019 and W.M.P.No.9174 of 2019 Dharani Nagarani ... Petitioner Vs.

1. The District Collector, Collector Office, Chennai - 600 001.

2. The Revenue Divisional Officer, Purusaawalkkam, Chennai.

3. The Tahsildar, Purasai Office, Door No.3, Raja Muthaiya Road, Periyamedu, Chennai - 600 003.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the 3rd respondent herein relating to the impugned order in Application No.TN-720181127794 dated 27.11.2018 and quash the same and consequently direct the 3rd respondent to consider the petitioner's application for issuance of legal heir certificate.

For Petitioner : Mr.K.Murugesan For Respondents: Mr.S.N.Parthasarathy, Government Advocate

O R D E R

The petitioner is aggrieved against the order of the 3rd respondent in rejecting her application for issuance of legal heirship certificate on the reason that the applicant is not the direct legal heir of the deceased.

2. According to the petitioner, she is the adopted daughter of the deceased and therefore, based on the registered deed of https://hcservices.ecourts.gov.in/hcservices/

adoption, the 3rd respondent can consider her claim.

3. Needless to say that the 3rd respondent has to look into the matter afresh and pass orders on the petitioner's application, after perusing the materials placed in support of her claim and also conducting proper enquiry.

4. Therefore, this Writ Petition is allowed and the impugned order is set aside. The matter is remitted back to the 3rd respondent to consider the claim of the petitioner and pass appropriate orders on merits, after conducting proper enquiry and also perusing the material documents placed in support of her claim. Such exercise shall be done by the 3rd respondent within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar vsi To

1. The District Collector, Collector Office, Chennai - 600 001.

2. The Revenue Divisional Officer, Purusaawalkkam, Chennai.

3. The Tahsildar, Purasai Office, Door No.3, Raja Muthaiya Road, Periyamedu, Chennai - 600 003.

+1 cc to Mr.K.Murugesan, Advocate, Sr.No. 40225 W.P.No.8650 of 2019 JP(CO) CSL/27.04.2019 https://hcservices.ecourts.gov.in/hcservices/