Madras High CourtWP/14668/2021disposed of

S. Bharatha Rathan v. The District Collector

2021-07-16Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2021

CORAM

The Honourable Mr. Justice R.MAHADEVAN W.P.No.14668 of 2021 S.Bharatha Rathan

...Petitioner

Versus

1. The District Collector, Salem District, Salem.

2. The Revenue Divisional Officer, Salem - West, Salem.

3. The Tahsildar, Salem - West, Salem.

4. The Revenue Inspector, Salem - West, Salem.

5. The Village Administrative Officer, Soormangalam Village, Salem - West, Salem.

6.Krishnaveni 7.S.Rahul Bharath 8.S.Swetha

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 1 to 5 to consider the petitioner's representation dated 18.06.2021 for issuing Legalheirship Certificate of late S.Sekar.

For Petitioner : Mr.V.Vijayakumar For Respondents - 1 to 5 : Mr.G.Krishnaraja, Government Advocate

O R D E R

Mr.G.Krishnarja, learned Government Advocate takes notice for the respondents 1 to 5. With the consent of both sides, this writ petition is taken up for final disposal at the admission stage itself.

2.This writ petition has been filed by the petitioner seeking a mandamus directing the respondents 1 to 5 to consider her representation dated 18.06.2021 for issuance of legal heirship certificate of her father by name S.Sekar. 3.It is the case of the petitioner that she was born through the first legally wedded wife of her father. When she was nine years old, her father remarried the sixth respondent and through her, the respondents 7 and 8 were born. The petitioner's father was working as Higher Grade Assistant in Life Insurance Corporation of India (LIC), Sankari Branch and he died on 30.05.2021. After his demise, the respondents 6 to 8 submitted an application seeking legal heir certificate as if they are the only legal heirs of the deceased.

Since they did not include the name of the petitioner in the said application, the petitioner sent a representation dated 18.06.2021 to the respondent authorities requesting to include her name in the legal heir certificate of her father. Even after receipt of the same, no enquiry was conducted with regard to the same. Hence, the petitioner has come up with this writ petition for the aforesaid relief.

4.Heard the learned counsel on both sides and perused the materials placed before this Court.

5.Considering the limited relief sought by the petitioner, this Court, without going into the merits of the case, directs the respondents 1 to 5 to consider the petitioner's representation dated 18.06.2021 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner as well as the respondents 6 to 8. Such an exercise shall be completed by the respondent authorities within a period of eight weeks from the date of receipt of a copy of this order.

6.This Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar

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