Madras High CourtWP/22133/2017disposed of

S.Kanmani, v. The District Collector

2017-08-21Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.08.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.22133 of 2017 S.Kanmani ... Petitioner Vs.

1.The District Collector, 2.The Revenue Divisional Officer, Namakkal.

3.The Tahsildar, Rasipuram Taluk, Rasipuram.

4.The Revenue Inspector, Namagiripet, Rasipuram Taluk,

5. Jothi ... Respondents Writ Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus, directing the respondents 1 to 4 to issue the Legal Heirship Certificate of the petitioner's father late Sengodan, by including the petitioner, the petitioner's mother Paavu and the fifth respondent as legal heirs, as per law.

For Petitioner : Mr.K.K.Senthil Velan For Respondents: Mr.R.Rajeswaran Special Government Pleader

O R D E R

Mr.R.Rajeswaran, learned Special Government Pleader takes notice for the respondents 1 to 4. By consent, the main Writ Petition is taken up for disposal at the admission stage itself.

2.The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the respondents 1

to 4 to issue the Legal Heirship Certificate for her father by including herself, her mother Paavu and the fifth respondent as legal heirs, in accordance with law. 3.Mr.K.K.Senthil Velan, the learned counsel appearing for the petitioner submitted that though the petitioner has given an application for the issuance of Legal Heirship Certificate and that the third respondent, Tahsildar had issued a notice dated 28.07.2017 to appear before him on 01.08.2017, inspite of third respondent, completing the enquiry, he has not issued the Legal Heirship Certificate so far.

4.Mr.R.Rajeswaran, learned Special Government Pleader appearing for the respondents 1 to 4 submitted that the third respondent may be directed to consider the petitioner's application and pass orders in accordance with law, after giving notice to all the interested parties.

5.In view of the submissions made by the learned counsel on either side, without expressing any opinion with regard to the merits of the case, I direct the third respondent to consider the petitioner's application for the issuance of Legal Heirship Certificate and pass orders in accordance with law, after giving notice to all the interested parties, within a period of eight weeks from the date of receipt of a copy of this order. 6.With this observation, the Writ Petition is disposed of. No costs.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar Rg/ah To 1.The District Collector, 2.The Revenue Divisional Officer, Namakkal.

3.The Tahsildar, Rasipuram Taluk, Rasipuram.

4.The Revenue Inspector, Namagiripet, Rasipuram Taluk, +1cc to Government Pleader sr.60392 +1cc to Mr.K.K. Senthilvelan,Advocate sr.60273 W.P.No.22133 of 2017 ss(30/8/2017)