Geethalakshmi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.04.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI Geethalakshmi ... Petitioner Vs.
1.The District Collector, Tiruppur District.
2.The District Revenue Officer, Tiruppur District.
3.The Tahsildar, Udumalapet Taluk, Tirupur District.
4.The Village Administrative Officer, Pappankulam Village, Madathukulam Taluk, Tiruppur District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 15.11.2022 requesting for correction of legal heirship certificate of her grandfather named K.Ramalingagounder.
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For Petitioner : Mr.N.Ponraj For Respondents : Mr.U.Baranidharan Additional Government Pleader *****
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 15.11.2022 requesting for correction of legal heirship certificate of her grandfather named K.Ramalingagounder.
2. Mr.U.Baranidharan, learned Additional Government Pleader takes notice on behalf of the respondents. In view of the consent expressed by the learned counsel appearing for either side, this petition is taken up for final disposal.
3. It is the case of the petitioner that, after the death of the petitioner's father, the petitioner along with her mother started to live in her paternal grandfather's house. Thereafter, her grandfather also died on 19.04.2000 and her grandmother applied for legal heir certificate by 2/6
mentioning the petitioner's name as Seethalakshmi instead of her original name Geethalakshmi. Pursuant to which, the third respondent issued the legal heir certificate mentioning the petitioner's name as Seethalakshmi instead of Geethalakshmi. Hence, on 15.11.2022, the petitioner made a representation before the respondents requesting them to take steps to rectify the said mistake made in the legal heir certificate of the petitioner's grandfather. Since the same was not considered by the respondents, the petitioner has filed the above writ petition for appropriate directions.
4. Though very many grounds have been raised in the above writ petition, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the respondents to consider the petitioner's representation dated 15.11.2022 and to pass appropriate orders within the time frame that may be fixed by this Court.
5. Learned Additional Government Pleader appearing for the respondents submits that though the petitioner made a representation 3/6
before the respondents seeking for correction of her name in the legal heirship certificate of the petitioner's grandfather, if at all there is any correction in the legal heirship certificate which was already issued by the Tahsildar, appropriate remedy is available before the Revenue Divisional Officer and not before the respondents. Hence, this Court may permit the petitioner to make appropriate application before the Revenue Divisional Officer concerned and on receipt of such application the Revenue Divisional Officer may be directed to pass appropriate orders within the time frame that may be stipulated by this Court.
6. In view of the above said submissions, this Court without going into the merits of the case, directs the petitioner to make a fresh application before the Revenue Divisional Officer concerned within a period of two (2) weeks from the date of receipt of a copy of this order and on receipt of such application being made the Revenue Divisional Officer concerned is directed to pass appropriate orders on merits and in accordance with law within a period of four (4) weeks thereafter. 4/6
7. This Writ Petition is accordingly disposed of. No costs. 10.04.2023 Index : Yes / No Speaking order / Nonspeaking order (rap) To 1.The District Collector, Tiruppur District.
2.The District Revenue Officer, Tiruppur District.
3.The Tahsildar, Udumalapet Taluk, Tirupur District.
4.The Village Administrative Officer, Pappankulam Village, Madathukulam Taluk, Tiruppur District.
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M.DHANDAPANI, J.
(rap) 10.04.2023 6/6