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Madras High CourtWP/9591/2019disposed of

R.Purushothaman v. The District Collector

2019-04-01Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.9591 of 2019 and WMP.No.10198 of 2019 R.Purushothaman ...Petitioner Vs.

1.The District Collector Chennai District Office of the Collectorate Rajaji Salai, Chennai-600 001.

2.The Tahsildar Mylapore No.28, Ground Floor Pasumpon Muthuramalingam Road, Raja Annamalaipuram, Chennai-600 028.

3.The Revenue Inspector Mylapore, Office of the Tahsildar Mylapore, No.28, Ground Floor Pasumpon Muthuramalingam Road, Raja Annamalaipuram, Chennai-600 028.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the second respondent, the Tahsildar, Mylapore, Chennai, to consider the application submitted by the petitioner before him on 12.11.2018 and issue necessary legal heirship certificate of my late father Mr.M.Ramakrishnan at an early date.

For Petitioner : Mr.R.Bakthavatsalam For Respondents: Mr.S.N.Parthasarathy Government Advocate

O R D E R

Mr.S.N.Parthasarathy, learned Government Advocate takes notice for the respondents. By consent of parties, the 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, the Tahsildar, Mylapore, Chennai, to consider the application submitted by the petitioner on 12.11.2018, wherein and whereby, he sought for issuance of legal heirship certificate of his deceased father namely, M.Ramakrishnan.

3. It is stated that the petitioner's father namely, M.Ramakrishnan, died on 20.05.2010, leaving behind his three sons and two daughters as his legal heirs. It is further stated that the petitioner's mother died on 05.07.2015 and one of the petitioner's brother died on 08.10.2009. It is further stated that the petitioner made an on-line application on 12.11.2018 seeking for issuance of Class-I Legal heirship certificate of his deceased father. The grievance of the petitioner is that the said application has not been considered by the respondents so far. Hence, the present writ petition is filed.

4. Heard both sides.

5. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner as it is for the second respondent to consider and pass appropriate orders on the same on merits and in accordance with law. Thus, this writ petition is disposed of, only with a direction to the second respondent to consider the representation of the petitioner 12.11.2018 and pass appropriate orders on the same on merits and in accordance with law, after hearing the petitioner and other interested parties, if any. Such exercise shall be done by the second 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 //True Copy// Sub Assistant Registrar

mk To 1.The District Collector Chennai District Office of the Collectorate Rajaji Salai, Chennai-600 001.

2.The Tahsildar Mylapore No.28, Ground Floor Pasumpon Muthuramalingam Road, Raja Annamalaipuram, Chennai-600 028.

3.The Revenue Inspector Mylapore, Office of the Tahsildar Mylapore, No.28, Ground Floor Pasumpon Muthuramalingam Road, Raja Annamalaipuram, Chennai-600 028.

+1cc to Mr.R.Bakthavatsalam, Advocate Sr.31464 +1cc to the Government Pleader Sr.31619 W.P.No.9591 of 2019 pm[co] srg 6/5/2019