Ms. V.Prithimala, v. The Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.13600 of 2018 & W.M.P.No.16027 of 2018 1.Ms.V.Prithimala 2.Ms.V.Shobha 3.Mr.V.Nirmal Isaac 4.Mr.V.Emmanuel ..

Petitioners -vsThe Tahsildar Egmore Taluk No.88, Spurtank Road Mayor Ramanathan Street (Near T.B Hospital) Chetpet, Chennai - 600 031 ..

Respondent Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to process the application for the issuance of Legal Heir Certificate submitted by the petitioners on 09.05.2018 seeking legal heirs certificate stating that they are the Legal Heirs of Mrs.J.Issac @ Janet Isssac wife of Mr.Samuel Issac. For Petitioner ::

Mr.P.Ebenezer Paul For Respondent ::

Mr.D.Suryanarayanan Additional Government Pleader

ORDER

The petitioners are the children of Late S.J.I.Vijayarajan @ S.J.Isaac Vijayarajan and Late Vathsala. Since the petitioner's father S.J.I.Vijayarajan @ S.J.Isaac Vijayarajan was the only son of Late Mrs.J.Issac @ Janet Issac, wife of S.Issac @ Samuel Issac, after the death of S.Issac @ Samuel Issac, the petitioners applied for the legal heirship certificate and the same was given. Now J.Issac @ Janet Issac, wife of S.Issac @ Samuel Issac also passed away on 02.02.1977. After the death of J.Issac @ Janet Issac on 02.02.1977, a Death Certificate was

also issued by the Health Officer, Corporation of Madras on 20.08.1981.

2. Since the petitioners have not applied for Legal heirship certificate after the death of their grandmother, namely J.Issac @ Janet Issac, they have now applied for Legal Heirship Certificate enclosing the following certificates: 1.Baptismal Certificate of the petitioners' father (mentioning the name petitioners grandfather and mother's name);

2.Death Certificate of the petitioners Grandfather (Samuel Issac @ S.Issac);

3.Death Certificate of the petitioners Grandmother (Janet Issac @ J.Isaac);

4.Death Certificate of the petitioners father (SJ Isaac Vijayarajan @ S.J.J.Vijayarajan);

5.Death Certificate of the petitioners Mother (Mrs.Vatsala Vijayarajan);

6.Legal Heirship Certificate of Vatsala Vijayarajan, issued in the name of petitioners by the respondent; 7.Property Tax receipt issued in the name of petitioners showing the residential address of the petitioners;

8.Circular/Guideline issued for issuing Legal heirship certificate by the Revenue Department;

3. However, till date the application of the petitioners dated 09.05.2018 was not considered.

4. Mr.D.Suryanarayanan, learned Additional Government Pleader appearing for the respondent sought time to consider the application of the petitioners.

5. This Court, considering the limited prayer, hereby directs the Tahsildar, Egmore Taluk to consider the application of the petitioners for issuance of Legal Heirship Certificate within a period of four weeks from the date of receipt of a copy of this order.

The writ petition is disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar To The Tahsildar Egmore Taluk No.88, Spurtank Road Mayor Ramanathan Street (Near T.B Hospital) Chetpet, Chennai - 600 031 +1 cc to Mr.P.Ebenezer Paul Advocate sr 35465 +1 cc to the Govt pleader sr 35858 W.P.No.13600 of 2018 sks(co) aa19/06/2018