← Library
Madras High CourtWP/14568/2022disposed of

Yamuna Thamarai Selvi v. The Revenue Divisional Officer

2022-06-13Honourable Mr Justice Abdul Quddhose2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.06.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.No.14568 of 2022 Yamuna Thamarai Selvi

...Petitioner

-Vs1. The Revenue Divisional Officer, Thiruvallur Division, J.N.Road, Thiruvallur H.O., Near State Bank of India and Post Office, Thiruvallur - 602 001.

2. The Tahsildar, Avadi Taluk, Modern City, Deena Dayalan Nagar, Pattabiram, Chennai - 600 054.

3. Samangala Devi

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 1st respondent to conduct an enquiry upon the petitioner's representation dated 16.08.2021 pertaining to the Legal Heir Certificate dated 02.07.2021 vide TN-720210621344 issued by the 2nd respondent, cancel the same and consequently grant legal heir certificate of the deceased Mr.S.Viswanathan including the petitioner and her minor children along with the 3rd respondent and her children.

For Petitioner :

Mr.S.Vijayaganesh For Respondents :

Mr.B.Vijay Additional Government Pleader for R1 & R2

O R D E R

This writ petition has been filed for a limited relief. The petitioner seeks for early disposal of the statutory appeal filed against the issuance of legal heirship certificate. https://hcservices.ecourts.gov.in/hcservices/

2. The petitioner claims to be the legally wedded second wife of the deceased S.Viswanathan. According to her, she and her children have been excluded in the impugned legal heir certificate dated 02.07.2021. The petitioner has filed a statutory appeal before the first respondent on 16.08.2021. The petitioner seeks for early disposal of the said statutory appeal.

3. No prejudice would be caused to the respondents if a direction is issued to the 1st respondent to pass final orders in the petitioner's statutory appeal within a time frame to be fixed by this Court.

4. For the forgoing reasons, this Court directs the 1st respondent to pass final orders in the petitioner's statutory appeal dated 16.08.2021 within a period of three months from the date of receipt of a copy of this order after affording fair hearing to the petitioner and the 3rd respondent and any other necessary party whom the 1st respondent deems fit to enquiry.

5. With the aforesaid direction, the Writ Petition is disposed of . No costs.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar vsi To

1. The Revenue Divisional Officer, Thiruvallur Division, J.N.Road, Thiruvallur H.O., Near State Bank of India and Post Office, Thiruvallur - 602 001.

2. The Tahsildar, Avadi Taluk, Modern City, Deena Dayalan Nagar, Pattabiram, Chennai - 600 054.

+1cc to M/s.S.Vijayaganesh, Advocate, S.R.No.35484 +1cc to the Government Pleader, S.R.No.35371 W.P.No.14568 of 2022 SSN(CO) UMA(06/07/2022) https://hcservices.ecourts.gov.in/hcservices/