Nazima Sulthana v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.08.2024 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI Nazima Sulthana ... Petitioner Vs.
1.The Secretary, Revenue Department, State of Tamil Nadu, Secretariat, Chennai - 600 001.
2.The Collector, Chennai Collectorate, Singaravelar Malligai, Chennai - 600 001.
3.The Tahsildar, Perambur Taluk, Chennai - 600 039.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 3rd respondent to issue the legal heir certificate of late Nagoor Meeran Buhari. Page No.1 of 6
For Petitioner : Mr.J.Suresh For Respondents : Mr.R.Neelakandan Additional Advocate General Assisted by Mr.U.Baranidharan Additional Government Pleader *****
ORDER
This Writ Petition has been filed by the petitioner seeking for a Writ of Mandamus, to direct the third respondent to issue the legal heir certificate of late Nagoor Meeran Buhari.
2. Mr.U.Baranidharan, learned Additional Government Pleader, accepts notice on behalf of the respondents. In view of the consent expressed by the learned counsel appearing for the parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. The case of the petitioner is that, she was married to one Nagoor Meeran Buhari and they were blessed with a daughter namely Kishwerniha Nagoor Meeran. He got a job in Abu Dhabi UAE and the Page No.2 of 6
petitioner and her husband were living there jointly as a family. Whileso, petitioner's husband died on 26.02.2023 in Abu Dhabi, UAE due to heart attack. Thereafter, she applied for legal heir certificate through online with the 3rd respondent on 13.04.2024. Since the said application was not considered by the 3rd respondent, the petitioner has filed the above writ petition before this court for appropriate orders.
4. Though very many grounds have been raised in this writ petition, learned counsel for the petitioner submits that, it would suffice, if this Court issues a direction to the 3rd respondent to issue a legal heir certificate of Late Nagoor Meeran Buhari, within a time frame that may be fixed by this Court.
5. Learned Additional Government Pleader appearing for the respondents submitted that, pursuant to the application filed by the petitioner, enquiry was conducted and in the enquiry, it is found that some of the legal heirs are residing in India, however, the respondents are not able to ascertain whether any legal heirs are residing in abroad. However, he submitted that appropriate orders will be passed on the Page No.3 of 6
application of the petitioner dated 13.04.2024, as expeditiously as possible.
6. In view of the above submissions, this court, without going into the merits of the case, directs the 3rd respondent to petitioner's application dated 13.04.2024 and pass appropriate orders, after providing an opportunity of personal hearing to the petitioner and other aggrieved person, if any, within a period of two (2) weeks from the date of receipt of a copy of this order.
7. With the above direction, this Writ Petition is disposed of. No costs.
06.08.2024 Index : Yes / No Speaking order / Non-speaking order sp Page No.4 of 6
To 1.The Secretary, Revenue Department, State of Tamil Nadu, Secretariat, Chennai - 600 001.
2.The Collector, Chennai Collectorate, Singaravelar Malligai, Chennai - 600 001.
3.The Tahsildar, Perambur Taluk, Chennai - 600 039.
Page No.5 of 6
M.DHANDAPANI, J.
sp 06.08.2024 Page No.6 of 6