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Madras High CourtWP/12644/2019disposed of

Shakila Banu v. The District Collector

2019-04-26Honourable Mr Justice K. Ravichandrabaabu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2019

CORAM

THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.No.12644 of 2019 ShakilaBanu ... Petitioner Vs.

1.The District Collector, Chennai District, Collectorate Complex, At No.62, Rajaji Salai, Chennai 600 001.

2.The Tahsildar, Mylapore-Triplicane Taluk, Greenways Salai, Raja Annamalaipuram, Chennai 600 028.

... Respondents Prayer:writ petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus to direct the first respondent herein to issue a legal heirship certificate by considering the petitioner's representation dated 03.01.2019 within the period as stipulated by this Court.

For Petitioner : Mr.L.Gavaskar For Respondents : Mr.R.Govindasamy Special Government Pleader

O R D E R

Mr.R.Govindasamy, learned Special Government Pleader takes notice for respondents. By consent of both parties, the writ petition is taken up for disposal at the stage of admission itself. 2.The petitioner seeks for a mandamus to direct the first respondent herein to issue a legal heirship certificate by considering her representation dated 03.01.2019.

3.It is stated that the petitioner's husband Shaik Abdul Khader died on 21.04.2008, leaving behind the petitioner and two children viz., Omar Ibrahim and Syed Moosa. Hence, the petitioner sent a representation dated 03.01.2019 to the respondents, seeking for issuance of legal heirship certificate. The grievance of the petitioner is that the said representation has not been considered by the respondents so far.

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 decide the same on its own merits and in accordance with law. Accordingly, this writ petition is disposed of, only by directing the second respondent to consider the representation of the petitioner dated 03.01.2019 and pass orders on the same on merits and in accordance with law, after hearing the petitioner and the other interested parties, if any. Such exercise shall be done by the second respondent within a period of four weeks from the date of receipt of a copy of this order. No costs. 26.04.2019 Speaking/Non speaking Index :Yes/No vri To 1.The District Collector, Chennai District, Collectorate Complex, At No.62, Rajaji Salai, Chennai 600 001.

2.The Tahsildar, Mylapore-Triplicane Taluk, Greenways Salai, Raja Annamalaipuram, Chennai 600 028.

K.RAVICHANDRABAABU,J.

vri W.P.No.12644 of 2019 26.04.2019