Bakthavatchalam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY BAKTHAVATCHALAM ... Petitioner Vs 1.

THE DISTRICT COLLECTOR, KANCHIPURAM, KANCHIPURAM DISTRICT.

2.

THE REVENUE DIVISIONAL OFFICER, KANCHIPURAM, KANCHIPURAM DISTRICT.

3.

THE TAHSILDAR, KANCHIPURAM, KANCHIPURAM DISTRICT.

4.

MR.NANDAGOPAL NAIDU @ S.D.GOPAL NAIDU ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 19.10.2024 within a time frame fixed by this Court.

For Petitioner : Mr.K.G.Senthilkumar For R1 to R3 : Mr.R.Neelakandan, Additional Advocate General -VIII assisted by Dr.S.Suriya Additional Government Pleader 1/4

ORDER

The prayer in the writ petition is to direct the respondents to consider the petitioner's representation dated 19.10.2024.

2. This writ petition is disposed of at the admission stage itself without notice to the private respondents, as this Court is not deciding the allegations made and in view of the nature of the order passed.

3. The grievance expressed by the learned counsel appearing for the petitioner is that one Sankarapani Naidu died on 19.09.1988 leaving behind his two daughters, namely Saroja and Nagarathinammal. A legal heir certificate including their names was already issued as early as 10.07.1989. However, by producing a fake death certificate of the very same Sankarapani Naidu, his brothers obtained another fake legal heir certificate on 12.02.2008. Therefore, the petitioner has made a representation to cancel the same.

4. In view thereof, this writ petition is disposed of on the following terms:- 2/4

(i) The second respondent herein shall take up the petitioner's representation dated 19.10.2024 for enquiry.

(ii) The second respondent shall issue notice to the petitioner as well as the fourth respondent and any other person who may be interested. After hearing both sides, an order shall be passed in accordance with law. (iii) The aforesaid exercise shall be completed within a period of 12 weeks from the date of receipt of the web copy of the order, without waiting for the certified copy. No costs.

21.04.2025 nsl To 1.

THE DISTRICT COLLECTOR, KANCHIPURAM, KANCHIPURAM DISTRICT.

2.

THE REVENUE DIVISIONAL OFFICER, KANCHIPURAM, KANCHIPURAM DISTRICT.

3.

THE TAHSILDAR, KANCHIPURAM, KANCHIPURAM DISTRICT.

3/4

D.BHARATHA CHAKRAVARTHY, J.

nsl 21.04.2025 4/4