Asuri Ramesh Rangan v. The Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 15.06.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.No.14809 of 2022 Asuri Ramesh Rangan Sholinghur .. Petitioner -VsThe Thasildar, Mylapore Taluk, Triplicane Division, Greenways Road, Chennai.

.. Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondent to consider the petitioner's application dated 18.11.2021.

For Petitioner : Mr.R.Kalyan Kishen Singh For Respondent : Mr.S.J.Mohammed Sathik, Government Advocate

O R D E R

By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself.

2. This writ petition has been filed for a Mandamus seeking for a direction to the respondent to consider the petitioner's application dated 18.11.2021 seeking for issuance of the relationship certificate for the deceased K.Thirunarayanan. The deceased is the uncle of the petitioner i.e., his mother's brother. According to the petitioner, he is the only legal heir.

3. Mr.S.J.Mohammed Sathik, learned Government Advocate appearing for the respondent, on instruction, would submit that a relationship certificate can be issued only in case of medical reasons and not for the reasons given by the petitioner in his representation. The said statement is recorded. https://hcservices.ecourts.gov.in/hcservices/

4. After being satisfied with the submissions made by the learned Government Advocate appearing for the respondents, the learned counsel for the petitioner seeks liberty for the petitioner to apply for a legal heirship certificate for the deceased. No prejudice would be caused to the respondent if such liberty is granted to the petitioner. However, it is for the respondent to consider the application to be submitted by the petitioner for legal heirship certificate on merits and in accordance with law.

5. After recording the submission made by the respective counsels and in view of the fact that the relationship certificate cannot be issued in favour of the petitioner, this Writ Petition is disposed of by granting liberty to the petitioner to submit an application with the respondent for issuance of legal heirship certificate for the deceased K.Thirunarayanan, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said application, the respondent shall pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner, within a period of twelve weeks thereafter. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vsi To The Thasildar, Mylapore Taluk, Triplicane Division, Greenways Road, Chennai +2cc to Mr.R.Kalyan Kishen Singh, Advocate, S.R.No.35392 +1cc to the Government Pleader, S.R.No.36443 W.P.No.14809 of 2022 PMK(CO) CT/23/06/2022 https://hcservices.ecourts.gov.in/hcservices/