R.Gopal v. The Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2016 CORAM :

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR W.P. No. 32606 of 2012 R. Gopal ..Petitioner Vs.

The Tahsildar Tahsildar Office Covai North Coimbatore - 641 006.

.. Respondent PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 05.09.2012 to issue legal heir certificate to the petitioner and pass further orders.

For Petitioner : Mr. K. Thiruvenkadam For Respondent : Mr. S. Diwakar, Spl.G.P

O R D E R

The petitioner has filed the present writ petition praying to consider his representation dated 05.09.2012, pending with the respondent, to issue legal heir certificate to the petitioner.

2. Learned counsel for the petitioner submitted that the petitioner's father died on 14.12.2009 due to heart ailment and subsequently his mother also died. The petitioner's father also had a second wife and two daughters. The petitioner applied for legal heir certificate to the respondent on 30.08.2011 but the same has not been considered. Again on 05.09.2012 the petitioner made a representation. Since no action has been taken for issuance of legal heir certificate, the petitioner has come up with this writ petition.

3. Learned Special Government Pleader would submit that the application submitted by the petitioner is not in the https://hcservices.ecourts.gov.in/hcservices/

prescribed form and if the same is received by the department in the format, the application would be considered in accordance with law.

4. Heard Mr. K. Thiruvenkadam, learned counsel for the petitioner and Mr. S. Diwakar, Special Government Pleader for the respondent.

5. Considering the facts and circumstances of the case, the petitioner is directed to submit a fresh application in the prescribed format for legal heir certificate within a period of two weeks and thereafter the respondent is directed to consider the same in accordance with law, as expeditiously as possible, not later than eight weeks thereafter.

6. The Writ Petition is disposed of, on the above terms. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar avr To The Tahsildar Tahsildar Office Covai North Coimbatore - 641 006.

+1cc to the Government Pleader, S.R.No.73697 rk(CO) md(19/01/2017) W.P. No. 32606 of 2012 https://hcservices.ecourts.gov.in/hcservices/