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Madras High CourtWP/19112/2020disposed of

P.Susila v. The Tahsildar

2020-12-16Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2020

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.NO.19112 OF 2020 P.Susila ... Petitioner Vs.

The Tahsildar, Egmore Taluk, Office of the Egmore Taluk, Mayor Ramanathan Salai, M.S.Nagar, Mukta Gardens, Egmore, Chennai-600 034.

... Respondent PRAYER:

The Writ Petition has been filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondent to consider the petitioner representation dated 09.10.2020 and online application dated 02.11.2020 within a stipulated time fixed by this Court and consequently, to direct the respondent Tahsildar, Egmore to issue the legal heir certificate of petitioner deceased husband K.Purushothaman infavour of the petitioner.

For Petitioner : Mr.R.Anandha Babu For Respondent : Mr.R.S.Selvam Government Advocate

O R D E R

The present Writ Petition has been filed for the issuance of a Writ of Mandamus to direct the respondent to consider the petitioner's representation dated 09.10.2020 and online application dated 02.11.2020 within a stipulated time that may be fixed by this Court and consequently, to direct the respondent to issue the legal heirship certificate of petitioner's deceased husband K.Purushothaman in favour of the petitioner.

2. The learned counsel for the petitioner submits that the petitioner married one K.Purushothaman and they have got five male children. Due to ill health of the petitioner's husband, he https://hcservices.ecourts.gov.in/hcservices/

died at Government Hospital, Royapettach, Chennai, leaving behind the petitioner and her five children. By evidencing that, the Corporation of Chennai, has issued the death certificate.

3. He further submits that the petitioner sent a representation dated 09.10.2020 enclosing all the documents to the respondent for issuance of the legal heirship certificate. But, the respondent has not taken any step for the same. Subsequently, the petitioner has also applied online application dated 02.11.2020 for the same relief. So far, the authority has not issued the said certificate. Hence, the present Writ Petition has been filed seeking a direction to the respondent.

4. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader.

5. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the respondent/ Tahsildar to consider the petitioner's representation dated 09.10.2020 and online application dated 02.11.2020 and pass an order, on merits and in accordance with law, after issuing notice to the petitioner and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of four (4) weeks from the date of receipt of a copy of this order. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar asi To The Tahsildar, Egmore Taluk, Office of the Egmore Taluk, Mayor Ramanathan Salai, M.S.Nagar, Mukta Gardens, Egmore, Chennai-600 034.

+1cc to Mr.R.Anandha Babu, Advocate, S.R.No.41786 +1cc to the Government Pleader, S.R.No.41549 W.P.No.19112 of 2020 LN(CO) CS/18/01/2021 https://hcservices.ecourts.gov.in/hcservices/