V.Gopal v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.11.2020

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.15076 of 2020 (Heard through VC) V.Gopal ... Petitioner -vsThe Tahsildar, 14, Dairy Farm Road, Near Alandur Court, St.Thomas Mount, Alandur, Chennai - 600 016.

... Respondent Prayer: Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus directing the respondent to consider petitioner's representation dated 07.03.2020 and to issue legal heir certificate of Late Mrs.V.Saraswathi. For Petitioner : Mr.S.Sivaraman For Respondent : Mr.V.Shanmugasundar Special Government Pleader

O R D E R

The relief sought for in this writ petition is for a mandamus seeking a legal heirship certificate for the demise of the petitioner's mother V.Saraswathi.

2. The petitioner has got a sister and another brother, who are also the heirs of the deceased Saraswathi. The petitioner states that the other legal heirs Senthamarai and Mathivannan are not co-operating with the petitioner for applying legal heirship certificate of the deceased Saraswathi. Therefore, the authorities are unable to issue the same. Hence, he has moved this Court for a direction to the authorities to consider his application and pass orders.

3. The learned Special Government Pleader represents that any on-line application that is made, is valid only for six months and that the application made by the petitioner was on https://hcservices.ecourts.gov.in/hcservices/

07.03.2020. In the event the petitioner makes a fresh application through on-line for the legal heirship certificate along with the required documents, the respondent would consider the same thereafter within a period of four weeks.

4. Accordingly, the petitioner is directed to apply afresh for legal heirship certificate through On-line. On such application being made, the respondent is directed to consider the same and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner, other legal heirs as well as any other person interested in this regard and by affording them an opportunity of personal hearing or virtual hearing or otherwise considering their written objections/submissions and after verifying the relevant documents, within a period of four weeks from the date of receipt of such application.

5. With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar rsi To The Tahsildar, 14, Dairy Farm Road, Near Alandur Court, St.Thomas Mount, Alandur, Chennai - 600 016.

+1cc to Mr.S.Sivaraman, Advocate Sr.37581 W.P.No.15076 of 2020 gj[co] srg 09/12/2020 https://hcservices.ecourts.gov.in/hcservices/