Madras High CourtWP/13903/2022disposed of

S.Jamuna v. The Joint Director

2024-04-12Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.13163 & 13164 of 2022 S.Jamuna

...Petitioner

-Vs -

1. The Joint Director, Directorate of Elementary Education, 17, College Road, Nungambakkam, Chennai - 600 008.

2. The District Collector, Office of the District Collector, Rajaji Salai, Chennai District, Chennai - 600 001.

3. The Chief Education Officer, Thiruvallur Chief Education Office,

4. The District Education Officer, Office of DEO, Ambattur,

5. The Revenue Divisional Officer, o/o.The Revenue Divisional Office, (North Chennai Division), No.473, TH Road, Near Apollo Hospital, Tondiarpet, Chennai-81.

6. The Tahsildar, Office of the Tahsildar, Madhavaram, Chennai-66.

7. The Block Education Officer, Block Education Office, Puzhal Block, Puzhal, Chennai-66.

8. The Head Master, Panchayat Union Govt. Middle School, Sadyankuppam Post-600 103,

9. Kamala@Kamalammal, W/o.Elumalai, No.28, Perumal Koil Street, Moolathangal, Anuppampattu Village and Post, Ponneri Taluk, Thiruvallur District-601 203.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Ceritiorarified Mandamus, calling for the records of the sixth respondent, relating to legal heirship certificate No.TN7202204131514 dated 25.04.2022 issued in favour of the ninth respondent herein by the Tahsildar, Madhavaram, Chennai District the sixth respondent herein and quash the same and consequently direct the

sixth respondent to issue a fresh Legal heirship certificate by including the name of the petitioner who is the wife of the deceased by considering the documents submitted by the petitioner herein. For Petitioner : Mr.V.R.Appaswamee For Respondents For R1 to R8 : Mr.R.Neelakandan Additional Advocate General Assisted by Mr.S.J.Mohamed Sathik Government Advocate For R9 : No appearance

ORDER

This writ petition has been filed challenging the legalheirship certificate dated 25.04.2022 issued in favour of the ninth respondent by the sixth respondent.

The petitioner claims to be a wife of one E.Ramesh, who died intestate on 18.05.2021. He was servicing as a Headmaster at Government Panchayat Union Middle School, Sadayankuppam, Thiruvallur District. However, the sixth respondent issued legal heir certificate including the mother of the deceased as legal heir and without adding the petitioner as wife of the deceased.

Heard the learned counsel appearing on either side and perused the materials placed before this Court. 4.

Though the petitioner filed this writ petition challenging the legal heir certificate, simultaneously, she also filed an appeal before the Revenue Divisional Officer viz., the fifth respondent herein. On receipt of the same, the fifth respondent also issued summon to appear for enquiry to be held on 12.09.2023. On 12.09.2023, the petitioner appeared and submitted all the relevant documents to include her name in the legal heir certificate. However, on receipt of the same, no order has been passed and it is pending on the file of the fifth respondent. 5.

Considering the above facts and circumstances, the fifth respondent is directed to pass order in the appeal filed by the petitioner on 27.05.2022, after giving opportunity of hearing to the petitioner as well as the ninth respondent, on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this Order. 6.

With the above directions, the Writ Petition stands disposed of. Consequently, connected miscellaneous petitions are closed. There

shall be no orders as to costs.

12.04.2024 Index : Yes/No Speaking/Non Speaking order rts To