E.Saraswathi v. The Thasildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.03.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.7473 of 2015 E.Saraswathi

...Petitioner

vs.

1. The Tahsildar, Thiruvellore Taluk, Thiruvellore District

2. The Collector, Thiruvellore Taluk, Tiruvellore District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the 1st respondent to consider the representation dated 20.02.2015 to issue a legal heirship certificate of the deceased Arjunan Naicker. For Petitioner :

Mr.C.Samadharma Arasu For Respondents :

Mr.R.A.S.Senthilvel Additional Government Pleader

O R D E R

Heard Mr.C.Samadharma Arasu, learned counsel for the petitioner and Mr.R.A.S.Senthilvel, learned Additional Government Pleader for the respondents. With the consent of either side, the Writ Petition itself is taken up for final disposal at the admission stage.

2. The petitioner has filed this Writ Petition praying for a direction upon the 1st respondent to consider the representation dated 20.02.2015 to issue a legal heirship certificate of the deceased Arjunan Naicker.

3. The petitioner is the daughter of late Arjunan Naicker, her only brother, namely, Damodaran died on 27.01.1996 and her mother, https://hcservices.ecourts.gov.in/hcservices/

namely, Smt.Dhanalakshmi died on 18.06.1989. The petitioner had married one Elumalai and residing at No.1/103, Mariamman Koil Street, Kakaloor, Tiruvellore Taluk, Tiruvellore District. 4.The grievance of the petitioner is that though she had submitted all the relevant documents along with a representation and the same has been duly acknowledged by the respondent, there is no further progress.

5.In the light of the above, without going into the merits of the petitioner's claim, there shall be a direction to the 1st respondent to consider the application given by the petitioner for grant of legal heir certificate, conduct an enquiry and after affording opportunity of personal hearing to the petitioner, shall pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of copy of the order.

6. With the above observation, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ssd To

1. The Tahsildar, Thiruvellore Taluk, Thiruvellore District

2. The Collector, Thiruvellore Taluk, Tiruvellore District.

1 CC to Mr.C.Samadharma Arasu, Advocate SR.No. 14814 1 CC to the Government Pleader, SR.No. 15124 W.P.No.7473 of 2015 CA (CO) PSI (26.03.2015) https://hcservices.ecourts.gov.in/hcservices/