Madras High CourtWP/14419/2022disposed of

Halammal v. The District Collector

2022-06-10Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.No.14419 of 2022 Halammal ... Petitioner vs.

1.The District Collector, Udhagamandalam - 643001, 2.The District Revenue Officer, Collectorate Campus, Udhagamandalam - 643001, 3.The Revenue Divisional Officer, Coonoor - 643 101, 4.The Tahsildar, Kotagiri & Post - 643217, The Nilgiris District

...Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India for Writ of Mandamus for directing the respondents to issue legal heirship certificate to the petitioner as per under section 8 of Hindu Succession Act, 1956 and by considering the appeal made by the petitioner dated 31.03.2022.

For Petitioner : Mr.P.Ganesan For Respondent : Mr.T.Seenivasan, Additional Government Pleader

ORDER

This writ petition has been filed seeking for limited relief.

2. Mr.T.Seenivasan, learned Additional Government Pleader accepts notice on behalf of the respondents. By consent of both parties, this writ petition is taken up for final hearing in the

admission stage itself.

3. The petitioner aggrieved by the rejection of the petitioner's application seeking for issuance of legal heirship certificate on 01.02.2022 by the third respondent. The petitioner has filed a statutory appeal before the first respondent. Admittedly, the statutory appeal is still pending on the file of the third respondent. The petitioner seeks for early disposal of the said statutory appeal.

4. Heard Mr.P.Ganesan, learned counsel for the petitioner and Mr.T.Seenivasan, learned Additional Government Pleader appearing for the respondents.

5. No prejudice would be caused to the respondents or any other party, if the statutory appeal is disposed of within a time frame to be fixed by this Court.

6. For the foregoing reasons, this Court directs the third respondent to pass final orders on the petitioner's statutory appeal dated 31.03.2022 within a period of three months from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner and any other legal heirs of the deceased Jayaraman including granting them the right of personal hearing.

7. With the aforesaid direction this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar nl To 1.The District Collector, Udhagamandalam - 643001, 2.The District Revenue Officer, Collectorate Campus, Udhagamandalam - 643001,

3.The Revenue Divisional Officer, Coonoor - 643 101, 4.The Tahsildar, Kotagiri & Post - 643217, The Nilgiris District +1cc to the Government Pleader, S.R.No.34602 W.P.No.14419 of 2022 SJ(CO) SB(24/06/2022)