R.Ajay v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P. No.10376 of 2024 R.Ajay ... Petitioner Vs.
1.
The Revenue Divisional Officer, Thiruttani Division, Thiruttani.
The Tasildar, Thiruttani Taluk, Thiruttani.
3.
S.Sulochana ... Respondents Prayer:Writ Petition is filed under Article 226 of Constitution of India, for issuance of writ of Certiorarified Mandamus, to call for the records pertaining to RC.No.3634/2022/A5 dated 02.11.2023 of the 1st respondent and quash the same and direct the 1st respondent to pass appropriate orders for issuance of a fresh legal heir certificate to the petitioner in accordance with law. For Petitioner : Mr.A.E.Ravichandran For R1 and R2 : Mr.U.Baranidharan Page No.1 of 4
Additional Government Pleader
O R D E R
The order impugned dated 02.11.2023, issued by the Revenue Divisional Officer, Tiruttani is under challenge in the present writ petition. The petitioner submitted an application to delete the name of his mother in the Legal Heirship Certificate, since Decree of Divorce dated 09.07.2012, is in force. The subject application was rejected by the Official respondents merely on the ground of delay. In the present case, delay cannot defeat the claim of the petitioner, since the application is to delete the name of the mother, who got Decree of Divorce in the year 2012. 3.
That being the case, the order impugned passed in RC.No.3634/2022/A5 dated 02.11.2023 is quashed and the Official respondents are directed to adjudicate the issues on merits by affording opportunity to all the parties including the petitioner and the 3rd respondent and pass appropriate orders as expeditiously as possible. Page No.2 of 4
4.
Accordingly, this Writ Petition stands allowed. There shall be no order as to costs.
17.04.2024 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No veda To 1.
The Revenue Divisional Officer, Thiruttani Division, Thiruttani.
The Tasildar, Thiruttani Taluk, Thiruttani.
Page No.3 of 4
S.M.SUBRAMANIAM,J.
veda W.P. No.10376 of 2024 17.04.2024 Page No.4 of 4