E.Vilasavathi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI E.Vilasavathi

...Petitioner

Vs.

1. The District Collector, Tiruvannamalai.

2. The Revenue Divisional Officer, Cheyyar, Tiruvannamalai District.

3. The Tahsildar, Chetpet Taluk, Tiruvannamalai District.

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to dispose the representation made by the petitioner dated 10.05.2023 with regard to issue Legal Heir Certificate of petitioner husband Elumalai within time to be stipulated by this Court.

For Petitioner : Mr.R.Chandrasekaran For Respondents : Mr.M.Alagu Goutham, Government Advocate 1/4

O R D E R

The petitioner has filed this Writ petition seeking direction to the respondents to dispose the representation made by the petitioner dated 10.05.2023 for issuance of Legal Heir Certificate of the petitioner's husband Elumalai.

2. Mr.M.Alagu Goutham, learned Government Advocate, accepts notice on behalf of the respondents. In view of the consent expressed by the learned counsel appearing for either side, this petition is taken up for final disposal at the admission stage itself.

3. It is the case of the petitioner that she married one Elumalai in the year 1975 and she was blessed with two male children and two female children. In the year 2001, the petitioner's husband left the house leaving the petitioner and his children and for the past 22 years the petitioner was not able to find her husband's whereabouts. Seeking for issuance of legal heir ship certificate of the petitioner's husband, she made a representation dated 10.05.2023 to the respondents. Since no response was forthcoming, the present writ petition has been filed.

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4. Though very many grounds have been raised in the above writ petition, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the third respondent to consider the petitioner's representation dated 10.05.2023 and pass appropriate orders within the time frame that may be fixed by this Court.

5. On the above contentions heard learned Government Advocate appearing for the respondents and perused the materials placed on record.

6. Considering the facts and circumstances of the case, this Court without going into the merits of the case directs the third respondent to consider the petitioner's representation dated 10.05.2023 and pass appropriate orders on merits and in accordance with law after affording an opportunity of hearing to the petitioner as well as aggrieved persons if any within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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M.DHANDAPANI, J.

(rap)

7. Accordingly, this writ petition is disposed of. No costs. 09.06.2023 (rap) NCC : Yes/ No Speaking Order : Yes/ No Index : Yes/ No To

1. The District Collector, Tiruvannamalai.

2. The Revenue Divisional Officer, Cheyyar, Tiruvannamalai District.

3. The Tahsildar, Chetpet Taluk, Tiruvannamalai District.

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