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Madras High CourtWP/14399/2017disposed of

D.Gayathiri v. The Commissioner Of

2017-06-09Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.14399 of 2017 D.Gayathiri ... Petitioner Vs.

1. The Commissioner of Corporation, Corporation Building, Salem.

2. The Tahsildar, Tahsildar Office, Suramangalam, Salem City.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents to issue death certificate cum legal heirs certificate of Dhanasekaran as per decree and judgment in O.S.No.295 of 2014 dated 29.04.2015 on the file of the Principal District Munsif Court, Salem and considering the petitioner's representation dated 16.02.2017.

For Petitioner : Mr.E.C.Ramesh For Respondents : Mr.S.N.Parthasarathi, Government Advocate (R2)

O R D E R

The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the respondents to issue death certificate cum legal heirs certificate of Dhanasekaran as per decree and judgment in O.S.No.295 of 2014 dated 29.04.2015 on the file of the Principal District Munsif Court, Salem and considering the petitioner's representation dated 16.02.2017.

2. The learned counsel appearing for the petitioner submitted that the petitioner has given a representation dated 16.02.2017 for issuance of death certificate. However, the respondents have not considered the same yet.

3. Mr.S.N.Parthasarathi, learned Government Advocate taking notice for the 2nd respondent submitted that the petitioner has https://hcservices.ecourts.gov.in/hcservices/

given a representation for issuance of death certificate and that she has not given any representation for issuance of legal heirship certificate.

4. In view of the submissions made by the learned counsel on either side, I direct the petitioner to give a fresh representation to the 2nd respondent for issuance of legal heirship certificate within one week from the date of receipt of a copy of this order and on receipt of the same, the 2nd respondent is directed to consider the same and pass orders within a period of six weeks from the date of receipt of the representation. The 2nd respondent is also directed to consider the petitioner's representation dated 16.02.2017 for issuance of death certificate and pass orders in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

5. With these observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar va To

1. The Commissioner of Corporation, Corporation Building, Salem.

2. The Tahsildar, Tahsildar Office, Suramangalam, Salem City.

+1cc to Mr.E.C.Ramesh, Advocate, S.R.No.41181 +1cc to the Government Pleader, S.R.No.41424 W.P.No.14399 of 2017 KK(CO) CS/20/06/17 https://hcservices.ecourts.gov.in/hcservices/