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Madras High CourtWP/14715/2018disposed of

T.Thirumoorthi, v. The District Collector

2018-06-19Honourable Mr Justice T.Raja4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.14715 of 2018 T.Thirumoorthi ..

Petitioner -vs1. The District Collector, Cuddalore District, Cuddalore-607 001.

2. The Revenue Divisional Officer, Vridhachalam Division, Vridhachalam-606 001.

3. The Revenue Tahsildar, Vridhachalam Taluk, Vridhachalam-606 001.

..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the 3rd respondent, namely, the Tahsildar, Vridhachalam to conduct an enquiry and confirm the status of the petitioner as the legal heir as per Indian Succession Act, 1925 and issue a Legal Heir Certificate for the same as requested by the petitioner in his representation dated 10.05.2018 at Jama Pandhi at Vridhachalam Taluk Office within a time limit specified by this Court.

For Petitioner ::

Mr.K.Karuppiah Mooppanar For Respondents ::

Mr.D.Surya Narayanan, Addl. Govt. Pleader

ORDER

The petitioner, who claims to be the only son of one Thirumal, has come to this Court seeking Mandamus, directing the 3rd respondent, namely, the Revenue Tahsildar, Vridhachalam Taluk, Vridhachalam to conduct an enquiry and to confirm the status of the petitioner as per the Indian Succession Act and to issue a Legal Heirship Certificate by considering his representation dated 10.05.2018.

2.

Learned Counsel for the petitioner submitted that the petitioner is a member of a Hindu Joint Family and he is the only son of one Thirumal. Besides, he is also claiming to be the only legal heir of one Amirthalingam who died on 21.02.2015 intestate. Since the said Amirthalingam who is his father's elder brother died intestate without any legal heir, the petitioner has given a representation dated 10.05.2018 along with the Family Card issued to his Family in the year 2005 bearing No.08/G/0272207 showing the name of his paternal Uncle Amirthalingam as a part of his family and the Death Certificate of Amirthalingam which also shows that he died at the age of 90 on 22.01.2015.

3.

Mr.D.Suryanarayanan, learned Additional Government Pleader who takes notice for the respondents sought considerable time to consider the case of the petitioner.

4.

Considering the facts and circumstances of the matter, the petitioner is directed to produce a copy of this Order along with the Ration Card and the Death Certificate of Amirthalingam and other relevant documents to the 3rd respondent the 3rd respondent, namely, the Tahsildar, Vridhachalam District within a period of one week from the date of receipt of a copy of this Order and on receipt of the same, the 3rd respondent shall consider the representation of the petitioner dated 10.05.2018 on the basis of the Ration Card, Death Certificate of Amirthalingam and other relevant documents produced by the petitioner within a period of four weeks thereafter. 5.

With the above directions, the Writ Petition is disposed of. No costs.

19.06.2018 tsi

T.RAJA, J.

tsi To

1. The District Collector, Cuddalore District, Cuddalore-607 001.

2. The Revenue Divisional Officer, Vridhachalam Division, Vridhachalam-606 001.

3. The Revenue Tahsildar, Vridhachalam Taluk, Vridhachalam-606 001.

W.P.No.14715 of 2018 19.06.2018