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Madras High CourtWP/21897/2023disposed of

Rajeswari v. The Tahsildar

2023-07-25Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2023

CORAM

MR.JUSTICE N.SESHASAYEE and W.M.P.Nos.21217 and 21218 of 2023 Rajeswari ... Petitioner Vs.

1.The Tahsildar Taluk Office, Arakkonam, Arakonam Taluk, Ranipet District.

2.The Tahsildar, Nemili Taluk Office, Nemili Taluk, Nemili-631 051.

3.Shantha 4.A.Kumar 5.Devarani 6.Easwari ... Respondents 1/4

PRAYER: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, to call for the records pertaining to the order passed Thee.Mo.(C4)/14637/2011, dated 21.12.2011 on the file of the first respondent and quash the same besides directing the first and second respondents to consider the grievance representation presented in the form of complaint dated 31.03.2023 by Disaster Management, Revenue Administration, RA-3(2) SECTION dated 29.09.2022 and in accordance with the law. For Petitioner : Mr.R.Natarajan For Respondents : Mr.M.Bindran Additional Government Pleader for R1 and R2

ORDER

By consent, this writ petition is taken up for final disposal at the admission stage itself.

2.The petitioner claims that she is the daughter of the late Arumugam and was born to him through his alleged second wife. She would submit that she is also a heir of the deceased under Section 16 of the Hindu Marriage Act, 1955, whereby even illegitimate children would have a right to the personal estate of the deceased male. Whereas, the Tahsildar has issued a legal heir certificate in December 2011, without including her name.

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3.Mr.M.Bindran, the learned Additional Government Pleader takes notice for respondents 1 and 2.

4.The petitioner is now required to prefer an appeal to the Revenue Divisional Officer concerned for cancelling the legal heir certificate. On receipt of the same, the RDO shall pass appropriate orders within the framework of law. 5.This Writ Petition stands disposed of accordingly. No Costs. Consequently, the connected miscellaneous petitions are closed. 25.07.2023 Anu Index : Yes / No To 1.The Tahsildar Taluk Office, Arakkonam, Arakonam Taluk, Ranipet District.

N.SESHASAYEE, J.

Anu 3/4

2.The Tahsildar, Nemili Taluk Office, Nemili Taluk, Nemili-631 051.

and W.M.P.Nos.21217 and 21218 of 2023 25.07.2023 4/4