B.Manuel Raj v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.10.2021 Coram The Honourable Mr.Justice R.MAHADEVAN W.P.No.19703 of 2021 B.Manuel Raj

...Petitioner

Versus

The Tahsildar, T.Nagar, Guindy Taluk, Chennai District.

...Respondent

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to consider the representation dated 04.06.2013 made by the petitioner and decide the same in accordance with law within a reasonable time as may be fixed by this Court. For Petitioner :

Mr.S.Nadhiya For Respondent :

Mr.G.Krishnaraja, Government Counsel

O R D E R

Mr.G.Krishnaraja, learned Government Counsel takes notice for the respondent. With the consent of both sides, this writ petition is taken up for final disposal at the time of admission itself.

2.According to the petitioner, his father by name Benjamin, has three daughters and two sons viz., (i)B.Victoria (ii)B.Santhakumari and (iii)B.Jebakumari (iv)B.Christober and (v)B.Manuel Raj (petitioner herein) and he died on 25.09.2003 at the age of 62. Subsequently, the petitioner made an application dated 04.06.2013 enclosing all the necessary documents, to the respondent requesting to issue legal heirship certificate of the deceased Benjamin. However, till date, no order was passed in the said application. Therefore, the petitioner has come up with this writ petition seeking appropriate direction to the respondent in this regard.

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3.Today, when the matter was taken up for consideration, the learned Government Counsel appearing for the respondent, produced a copy of the communication dated 25.09.2021 bearing No.A2/1309/2021 dated 25.09.2021 sent to him by the Tahsildar, Velachery Taluk, Chennai - 600 042, wherein, it was inter alia stated as follows:

"On 25.09.2021 Velchery Taluk Revenue Inspector instructed the applicant to apply for legal heirship certificate for his deceased father through e-Seva Portal, for which, the petitioner herein accepted.

On submission of the application through eseva the petitioner's request will be processed based on merits of the documents submitted for enquiry, legal heirship certificate will be issued for Thiru.A.Benjamin."

4.Such being the present position, this court deems it appropriate to direct the authority / respondent to consider the petitioner's application, upon receipt of the same, and pass appropriate orders, after verifying the documents enclosed, on merits and in accordance with law, that too, affording an opportunity of hearing to the petitioner as well as any other parties, within a period of three weeks from the date of receipt of a copy of this order. Accordingly, the respondent is directed and the writ petition is disposed of. No costs. s/d- Assistant Registrar //True Copy// Sub-Assistant Registrar mrr To The Tahsildar, T.Nagar, Guindy Taluk, Chennai District.

+1 CC to The Government Pleader sr 51996.

W.P.No.19703 of 2021 PL(CO) SP(17/12/2021) https://hcservices.ecourts.gov.in/hcservices/