Madras High CourtWP/7702/2019disposed of

R.Susendhiran v. The District Collector

2019-03-15Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.7702 of 2019 R.Susendhiran

...Petitioner

Vs.

1. The District Collector, Office of District Collector, Coimbatore-641018.

2. The Tahsildar, Office of Tahsildar, Coimbatore Road, Pollachi.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 2nd respondent to issue a legal heirship certificate to the petitioner for his father named Late. Ramasamy Gounder as per application in acknowledgment receipt No. Ma.Sa.No.2175/dated 31.10.2017 by considering the petitioner's representation dated 16.10.2018.

For Petitioner : Mr.Ponraj N For Respondents: Mr.E.Balamurugan Special Government Pleader

O R D E R

Mr.E.Balamurugan, learned Special Government Pleader takes notice for the respondents. By consent of the parties, this main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a Mandamus, directing the second respondent to issue a legal heirship certificate to the petitioner for his deceased father viz., Ramasamy Gounder, based on his application dated 31.10.2017 followed by the representation dated 16.10.2018.

https://hcservices.ecourts.gov.in/hcservices/

3. The grievance of the petitioner is that even though such application was filed as early as on 31.10.2017, the second respondent has not considered the same so far, without having any valid reason.

4. Needless to say that the second respondent cannot delay in considering the request made by the petitioner in the absence of any valid reasons. Therefore, this Writ Petition is disposed of, only by directing the second respondent to consider the claim of the petitioner for issuance of legal heirship certificate and pass appropriate orders on merits and in accordance with law, after conducting proper enquiry. Such exercise shall be done by the second respondent within a period of four weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sni/mk To

1. The District Collector, Office of District Collector, Coimbatore-641018.

2. The Tahsildar, Office of Tahsildar, Coimbatore Road, Pollachi.

+1cc to Government Pleader sr.no.26309 W.P.No.7702 of 2019 ssi(co) nr 22/04/2019 https://hcservices.ecourts.gov.in/hcservices/