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Madras High CourtWP/16795/2023disposed of

P.Ramachandran v. The Tahsildar

2023-06-07Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI P.Ramachandran . . . Petitioner Vs.

The Tahsildar Seva Nagar, 1st street, Soni Nagar, Periyar Nagar Extension Seva Nagar, Velachery, Chennai-600042 . . . Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the Respondents to consider the representation dated 12.04.2023 given by the petitioner to exclude the name of the petitioner father-in-law and issue legal heirship certificate to the petitioner.

For petitioner : M/s.Kaushik N.Sharma for KNS Law Chambers For Respondents : Mr. E.Veda Bagath Singh, Special Government Pleader

ORDER

This Writ Petition has been filed for a direction to the respondent to consider the representation dated 12.04.2023 made by the petitioner for issuance of correct legal by excluding the name of the father-in-law of the petitioner.

2. Mr.E.Veda Bagath Singh, learned Special Government Pleader takes notice on behalf of the respondent.

3. It is the case of the petitioner that after the demise of his wife, the petitioner has obtained a legal heirship certificate wherein the name of his father-in-law has been wrongly included. As the petitioner's father-inlaw falls under the category of Class III legal heirs his cannot be included in the certificate, the petitioner made a representation dated 12.04.2023 to the respondent requesting to remove the name of his father-in-law from the certificate, however, till date, no action has been taken on the said representation which prompted the petitioner to file this Writ Petition.

4. Though very many grounds have been raised, however, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the Respondent to consider the representation dated 12.04.2023 made by the petitioner seeking to remove the name of his father-in-law from the legal heirship certificate and pass orders on merits within the time that may be stipulated by this Court.

5. Learned Additional Government Pleader appearing for the respondent has no objection to the said order being passed.

6. This Court heard the learned counsel appearing on either side.

7. In view of the limited relief sought for by the petitioner, this Court without going into the merits of the case, directs the respondent to consider the petitioner's representation dated 12.04.2023 seeking removal of the name of his father-in-law which was issued on account of the death of the petitioner's wife and pass appropriate orders in accordance with law within a period of twelve weeks from the date receipt of a copy of this order.

M.DHANDAPANI, J NHS

8. This Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs. 07.06.2023 Index : Yes / No Internet : Yes / No NHS To The Tahsildar Seva Nagar, 1st street, Soni Nagar, Periyar Nagar Extension Seva Nagar, Velachery, Chennai-600042