Malliga v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.20928 of 2021 Malliga .. Petitioner

Versus

1. The District Collector Office of Collectorate Singaravelan Maaligai Chennai - 600 001

2. The Tahsildar Egmore Taluk Chennai - 600 008 .. Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to issue legal heir certificate in favour of the petitioner by disposing of the petitioner's representation dated 27.01.2020 within the time stipulated by this Hon'ble Court. For Petitioner :

Mr.M.Sudhan For Respondents :

Mr.G.Krishnaraja Government Counsel

O R D E R

Mr.G.Krishnaraja, learned Government Counsel takes notice for the respondents. By consent of both the parties, the writ petition is taken up for final disposal at the time of admission itself.

2.

According to the petitioner, initially her mother married one Palaniaandi and after the demise of Palaniaandi, she married one Mani and out of the second wedlock, the petitioner was born. The petitioner further averred that out of her hard earned money, she purchased a property at Survey No. 208/7A, Arikambedu village in Lakshmi Nagar Layout and registered the

same in the name of her mother, out of love and affection. On 06.07.2016, the mother of the petitioner died and the petitioner obtained death certificate. However, in the said death certificate, the initial of her mother was indicated as 'P' Chandra instead of 'M' Chandra. However, her initial 'M' was correctly incorporated in all other Government issued identity cards. Stating so, the petitioner submitted a detailed representation dated 27.01.2020 to the respondents requesting to issue class I legal heir certificate, but the same was not considered, till date. Finding no other alternative remedy, she has come up with this writ petition seeking appropriate direction to the respondents in this regard.

3.

It is submitted by the learned counsel for the petitioner that the petitioner along with her representation enclosed the required proof to show that the initial of her mother is 'M' Chandra and not 'P' Chandra and requested the respondents to issue class I legal heir certificate of her mother. However, the said representation was not considered by the respondents.

4.

On the other hand, the learned Government counsel taking notice for the respondents fairly submitted that the respondents would consider the petitioner's representation and pass orders, on merits, within a time frame to be stipulated by this court.

5.

Considering the limited relief sought for in this writ petition, this court, without going into the merits of the case, directs the respondents to consider the petitioner's representation dated 27.01.2021 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.

6.

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

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar dhk

To

1. The District Collector Office of Collectorate Singaravelan Maaligai Chennai - 600 001

2. The Tahsildar Egmore Taluk Chennai - 600 008 +1cc to Mr.M.Sudhan, Advocate, S.R.No.51191 +1cc to the Government Pleader, S.R.No. 51293 W.P.No.20928 of 2021 GJ(CO) CS/20/10/2021