Nathiya v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.06.2018

CORAM:

THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.14599 of 2018 Nathiya ... Petitioner Vs

1. The District Collector, O/o. The District Collectorate, Chennai District, Singaravelar Maligai, Chennai.

2. The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Egmore Circle, Chetpet, Chennai.

3. The Tasildar, O/o.the Tahsildar, Egmore-Chetpet Taluk, Chetpet, Chennai.

4. Shalini ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 3 herein to consider the representation dated 24.5.2018 and direct the 1st respondent herein to issue legal heir certificate to the petitioner herein.

For Petitioner :

Mr.S.Madhusudanan For Respondents :

Mr.V.Jayaprakash Narayanan, Special Government Pleader for R1 to R3

O R D E R

The Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the respondents 1 and 3 herein to consider the representation dated 24.5.2018 and for further direction, directing the 1st respondent herein to issue legal heir certificate to the petitioner herein.

2.

Heard the learned Counsel for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 3.

3.

On the face of the records, this Court is of the view that the Writ Petition is not at all maintainable. The reason is that a perusal of the letter of the 3rd respondent dated 14.2.2018 to the petitioner for issuance of Legal Heir Certificate reveals that the said request is rejected because the father of the petitioner, namely, Mr.T.R.Thennavan has married more than one wife, namely three wives during his life time and the petitioner herein is the daughter of Thennavan born through his first wife Murgammmal. The petitioner has not questioned the said order of rejection dated 14.2.2018. That apart, it appears that one more Legal Heirship Certificate was issued in favour of the 4th respondent Shalini who claims to be the third wife of the said Thennavan. Therefore, the petitioner has to approach a competent civil court seeking appropriate relief, as there is a rival claim for the legal heirship Certificate among the heirs.

4.

In the result, the Writ Petition fails and the same is accordingly dismissed. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar tsi To 1.The District Collector, O/o. The District Collectorate, Chennai District, Singaravelar Maligai, Chennai.

2.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Egmore Circle, Chetpet, Chennai.

3.The Tasildar, O/o.the Tahsildar, Egmore-Chetpet Taluk, Chetpet, Chennai.

+1cc to Mr.S.Madhusudanan, Advocate, S.R.No.38633 +1cc to the Government Pleader, S.R.No.39147 W.P.No.14599 of 2018 pa(co) cs/28/06/2018