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Madras High CourtWP/12745/2021disposed of

B.Selvi v. The District Collector

2021-06-16Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Writ Petition No.12745 of 2021 B.Selvi ... Petitioner Vs 1.The District Collector Collectorate Vellore-632 009.

2.The Tahsildar Taluk Office Vellore-632 001.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to issue the legal heir certificate of the petitioner's husband late Mr.G.Baskar based on the petitioner's online application No.TN-7202102032690 dated 03.02.2021 within the stipulated time frame fixed by this Court. For Petitioner : Ms.B.Aparna For Respondents : Mr.G.Krishnaraja Government Advocate

ORDER

Mr.G.Krishnaraja, learned Government Advocate takes notice for the respondents. By consent of both the parties, this writ petition is taken up for final disposal at the time of admission itself.

2.This writ petition has been filed for a mandamus directing the 2nd respondent to issue the legal heir certificate of the petitioner's husband (late) Mr.G.Baskar based on the petitioner's online application No.TN-7202102032690 dated 03.02.2021 within the stipulated time frame fixed by this Court. 3.According to the petitioner, her husband by name G.Baskar died on 06.07.2020 leaving behind the petitioner and four daughters. The mother of the deceased Baskar pre-deceased him.

The petitioner has applied for the legal heir certificate on 31.08.2020 through online and the same was rejected by the respondents without any reason. The petitioner has again applied on 10.11.2020, which was also rejected for want of death certificate of the mother of the deceased Baskar. Thereafter, the petitioner has applied on 24.12.2020 for the legal heir certificate along with death certificate of the mother of the deceased and all the relevant documents. The same was also rejected by the respondents without any reason. The petitioner has again applied for the legal heir certificate through online on 03.02.2021 with required documents, which is still pending. Therefore, the petitioner has sent a representation to the respondents on 22.02.2021 requesting them to issue the legal heir certificate.

However, till date, no action was taken on the said representation. Hence, this writ petition. 4.The learned counsel appearing for the petitioner submitted that it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation and pass appropriate orders within the reasonable time. 5.The learned Government Advocate appearing for the respondents submitted that the respondents would consider the representation of the petitioner and pass appropriate orders on merits.

6.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the respondents to consider the petitioner's representation dated 22.02.2021 based on the application submitted by the petitioner through online on 03.02.2021 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner as well as any of the interested parties, within a period of eight (8) weeks from the date of receipt of a copy of this order.

7.Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kj

To 1.The District Collector Collectorate Vellore-632 009.

2.The Tahsildar Taluk Office Vellore-632 001.

+1cc to the Government Pleader, S.R.No.28130 W.P.No.12745 of 2021 SS(CO) SU(26/07/2021)