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Madras High CourtWP/14117/2023disposed of

G.Prabhakar v. The District Collector

2023-05-18Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.05.2023

CORAM:

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN G.Prabhakar ... Petitioner Vs.

1.The District Collector, Tiruppur District.

2. The Revenue Divisional Officer, Dharapuram, Tiruppur District.

3. The Tahsildar, Dharapuram Tilak, Tiruppur District

4. N.Padmavathy ...Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of Certirorarified Mandamus to call for the records relating to the impunged order in Na.Ka.No.1914/2021/E dated 06.02.2023 passed by the second respondent herein and quash the same as being illegal, arbitrary, unconstitutional and consequently direct the 3rd respondent to process and issue legal heir certificate to the petitioner as per the application dated 11.03.2020.

For Petitioner : Mr.T.Sundaravadanam For Respondents : Mrs.R.Anitha Special Government Pleader for respondents 1 to 3 1/4

ORDER

The writ petition has been filed in the nature of a certiorari questioning an order passed by the Revenue Divisional Officer at Dharapuram, wherein, an appeal was filed relating to recognition of the petitioner as the legal heir consequent to his relationship as a grandson.

2. It is stated that the Government had passed G.O.Ms.No.478, Revenue & Disaster Management, relating to issuance of legal heirship certificates on 29.09.2022.

3. It is complained that the order impugned does not follow the guidelines stipulated in the said Government order. Though it is dated, 06.02.2023, there is no reference to the Government Order aforementioned. The impunged order is set aside and the matter is remitted back to the authority in original namely the Tahsildar at Dharapuram. The petitioner may file a fresh application through online seeking legal heirship certificate and on receipt of such online application, the Tahsildar may issue notice not only to the petitioner but also to the fourth respondent herein, examine the relevant guidelines which are given under the aforementioned Government Order and proceed in the manner 2/4

known to law and dispose of the application of the petitioner within a period of six weeks from the date of receipt of a copy of the filing of the application.

4.The writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.No.13745 of 2023 is closed. 18.05.2023 Intex : Yes/No Internet : Yes/No mrn To 1.The District Collector, Tiruppur District.

2. The Revenue Divisional Officer, Dharapuram, Tiruppur District.

3. The Tahsildar, Dharapuram Tilak, Tiruppur District 3/4

C.V.KARTHIKEYAN, J.

mrn 18.05.2023 4/4