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Madras High CourtWP/17015/2023closed

Desur Venkata Subramanian Ravi v. The District Collector

2023-06-22Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.Nos.16209 of 2023

1. Desur Venkata Subramanian Ravi

2. Banumathi

3. Vasumathi . . . Petitioners Vs.

1. The District Collector, Rajaji Salai, Chennai District, Chennai-600 001.

2. The Tahsildar, Velachery Taluk, Taluk Office complex, Velachery, Chennai-600 113. . . . Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus or any other appropriate writ or direction in the nature of a writ directing the 2nd respondent to issue the legal heirs certificate to the petitioner's pending consideration of the petitioner's Application No.TN-720230220479, dated 20.02.2023 and representation dated 13.03.2023 pending on the file of 2nd respondent.

For Petitioner : M/s.S.Santhan For Respondents : Mr.P.Sathish, Additional Government Pleader for R1 & R2.

ORDER

This Writ Petition has been filed for a direction to the 2nd respondent to consider the petitioner's representation dated 20.02.2023 seeking issuance of legal heirship certificate in respect their deceased sister.

2. When the matter is taken up, learned Additional Government Pleader appearing on behalf of respondents 1 & 2 submitted that pursuant to the orders passed by this Court, the petitioner made an application seeking issuance of legal heirship certificate which was considered and rejected on the ground that the petitioners herein are falling under the category of Clause II Legal heirs.

3. As per G.O(Ms).No.478 dated 29.09.2022, Revenue & Disaster Management, Revenue Administration, petitioners are not eligible to apply

for the legal heirship certificate in respect of the deceased. Hence, the appropriate remedy for the petitioners would be to approach the competent civil court.

4. In view of the above, no further order is necessary in this Writ Petition. Accordingly, this Writ Petition stands closed with liberty to the petitioners to work their remedy before the competent civil court. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed 22.06.2023 Index : Yes / No Internet : Yes / No NHS To

1. The District Collector, Rajaji Salai, Chennai District, Chennai-600 001.

2. The Tahsildar, Velachery Taluk, Taluk Office complex, Velachery, Chennai-600 113.

M.DHANDAPANI, J NHS 22.06.2023