L.Shanthi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.NO.18817 OF 2021 L.Shanthi ... Petitioner .Vs.
1. The District Collector, No.32, Rajaji Salai, Chennai - 600 001.
2. The Revenue Divisional Officer, Collector Colony, Mogappair, Chennai - 600 101.
3. The Tahsildar, Aminjikarai Taluk, Chennai - 600 029.
4. The Tahsildar, Thiruvallur Taluk and District, Thiruvallur - 602 003.
... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the third respondent to consider the petitioner's application dated 03.03.2021, pending on the file of the third respondent. For Petitioner : Mr.M.Prabhakar For Respondents : Mr.Krishnaraja, Government Counsel
ORDER
This writ petition has been filed seeking a direction to the third respondent to consider the petitioner's application dated 03.03.2021 with respect to issuance of legal heir certificate of her deceased husband.
2. The case of the petitioner is that her husband by name D.Logaiah, was working in the Public Works Department, Krishna Water Supply Sub Division, Thiruvallur. Due to matrimonial dispute, the petitioner is living separately and she obtained an exparte decree dated 18.08.2009 in O.S.No.88 of 2006 declaring her as legally wedded wife of her husband to receive his retirement benefits and family pension and for consequential relief. They have no issues. While so, her husband died on 02.11.2017. For the purpose of claiming his service benefits, the petitioner applied for legal heirship certificate enclosing the required documents, which was stated to have been rejected on the ground that the name of her mother-in-law was not included in the application.
According to the petitioner, she is the only surviving legal heir of the deceased husband; and her mother-in-law died in the year 2015 and her death has not been registered before the Birth and Death Registration of the Thiruvallur Municipality. Further, in response to the third respondent's letter dated 09.03.2020, the fourth respondent sent a reply in Na.Ka.No.549/2021/A5 dated 27.02.2021 stating that on the report submitted by the Revenue Inspector and upon investigation conducted by the village Administrative Officer, the petitioner's husband died on 02.11.2017 and his father Duraisamy died 50 years back and his mother died in the year 2015 and no other legal heirs to the deceased, except the petitioner and no legal heir certificate is given to anybody.
However, the third respondent has not considered the petitioner's application seeking legal heir certificate. Even the petitioner's further application dated 03.03.2021 including the name of her mother-in-law, enclosing NOC given by the fourth respondent and all the related documents, was not considered by the third respondent. Therefore, the petitioner is before this court with this writ petition for the aforesaid relief.
3. Heard both sides and perused the materials placed before this court.
4. Considering the limited scope of the matter, this court directs the third respondent to consider the petitioner's application dated 03.03.2021 and pass appropriate orders, on merits and in accordance with law and also in the light of the communication sent by the fourth respondent dated 27.02.2021, after affording an opportunity of hearing to the petitioner.
Such an exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.
5. With the aforesaid direction, this writ petition stands disposed of. No costs.
Sd/- Assistant Registrar (CJ Conf.) //True Copy// Sub Assistant Registrar mst To 1.
The District Collector, No.32, Rajaji Salai, Chennai - 600 001.
2.
The Revenue Divisional Officer, Collector Colony, Mogappair, Chennai - 600 101.
3. The Tahsildar, Aminjikarai Taluk, Chennai - 600 029.
4. The Tahsildar, Thiruvallur Taluk and District, Thiruvallur - 602 003.
+1cc to Mr.M.Prabhakar, Advocate, S.R.No.45079 +1cc to the Government Pleader, S.R.No.45830 W.P.NO.18817 OF 2021 PMK(CO) PBS/11/10/2021