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Madras High CourtWP/19663/2021disposed of

Mrs.Evangeline Radhika v. The District Collector

2021-09-16Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.09.2021

CORAM

THE HONOURABLE MR. JUSTICE R. MAHADEVAN W.P. No. 19663 of 2021 Evangeline Radhika .. Petitioner

Versus

1. The District Collector Chennai Collector Office Rajaji Salai Chennai - 600 001

2. The Thasildar Mylapore Taluk Chennai - 600 028 .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to consider and pass orders on the petitioner's representation dated 23.08.2021 vide application No. T7202108232275 in accordance with law for issuance of legal heir certificate of petitioner's mother namely R. Kalavathi For Petitioner :

Mr.G.V. Sridharan For Respondents :

Mr. G. Krishnaraja Government Counsel

ORDER

The present writ petition has been filed seeking to issue a Writ of Mandamus to direct the second respondent to consider the petitioner's representation dated 23.08.2021 vide application No. T-7202108232275 in accordance with law for issuance of legal heir certificate.

2.

According to the petitioner, three children were born out of the wedlock between her parents and they are (i) Rajesh, son (ii) R. Radha, daughter and (iii) Evangeline Radhika, the petitioner herein. On 13.03.2018, the mother of the petitioner died and therefore, the petitioner submitted an application on 19.04.2021 seeking legal heir certificate by enclosing all the https://hcservices.ecourts.gov.in/hcservices/

requisite documents. However, the application was returned with an endorsement that the address of the deceased and the place where the deceased died are different." The petitioner represented the application on 28.07.2021 with an affidavit stating that both the addresses furnished are the places where the deceased Kalavathi lived and the same are her permanent addresses. Notwithstanding the order of rejection, yet another application dated 23.08.2021 was submitted to the second respondent but it was not considered, hence, this Writ Petition. 3.

Heard both sides and perused the materials placed on record. Considering the limited relief sought in this writ petition, this court, without going into the merits of the case, directs the second respondent to consider the petitioner's application dated 23.08.2021 for issuance of legal heirship certificate and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as any other interested parties, within a period of eight weeks from the date of receipt of a copy of this order.

4.

With the aforesaid direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dhk/rsh To

1. The District Collector Chennai Collector Office Rajaji Salai Chennai - 600 001

2. The Thasildar Mylapore Taluk Chennai - 600 028 +1cc to Mr.G.V. Sridharan Advocate SR.No.47355 +1cc to Government Pleader SR.No.47556 WP No.19663 of 2021 RS-I(CO) CT/12/10/2021 https://hcservices.ecourts.gov.in/hcservices/