Ravi v. The District Colector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.08.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Ravi
...Petitioner
Vs.
1.
The District Collector, Dr.Singaravelar Maaligai, Chennai - 600 001.
2.
The Tahsildar, No.88, Mayor Ramanathan Salai, Chetpet, Chennai - 600 031.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 2nd respondent to provide a legal heir certificate of late Visalatchi, including the name of the petitioner as son on the basis of the petitioner's online application dated 05.07.2024 and also by considering the petitioner's representation dated 08.07.2024 within a time frame that may be fixed by this Hon'ble Court. For Petitioner : Mr.G.V.Mohan Kumar For Respondents : Mr.R.Neelakandan, AAG, Assisted by Mr.U.Baranidharan, AGP.
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ORDER
This Writ petition has been filed by the petitioner seeking direction to the 2nd respondent to issue legal heir certificate of late Visalatchi by including the name of the petitioner as son.
2. The case of the petitioner is that the petitioner is the adopted son of the late K.Subramanian and the Late Visalatchi and the petitioner's biological mother is none other than the younger sister of the petitioner's foster father, the late K.Subramanian. On 20.02.1974, the petitioner's foster parents adopted the petitioner as per the Hindu customs and rituals and subsequently, on 17.09.2004, an official adoption deed was executed and the same was registered as Doc.No.1065 of 2004. While so, the petitioner's foster father passed away on 15.11.2018 and the foster mother late Visalatchi passed away on 28.12.2023. Thereafter, the petitioner being the only surviving Legal heir of his foster parents, he made an online application on 05.07.2024 seeking issuance of legal heir certificate of his foster mother and subsequently, he also made a formal representation dated 08.07.2024. However, till date, no orders have been passed by the respondents. Hence, 2/5
the petitioner has come up with the present Writ petition.
3. Though very many grounds have been raised, the learned counsel for the petitioner submitted that it would suffice if this Court issues direction to the respondents to consider the petitioner's representation dated 08.07.2024 and issue legal heir certificate of late Visalatchi by including the name of the petitioner as her son.
4. Learned Additional Advocate General has no objection for the said order being passed and he fairly conceded that the petitioner's representation dated 08.07.2024 will be considered and appropriate orders will be passed in accordance with law within the time stipulated by this Court.
5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the 2nd respondent to consider the petitioner's representation dated 08.07.2024 on merits and in accordance with law and pass appropriate orders, within a period of two weeks from the date of receipt of a copy of this order, after affording an opportunity of 3/5
personal hearing to the petitioner and aggrieved persons, if any, on the basis of the revised Government Order in G.O.Ms.No.478 dated 29.09.2022.
6. Accordingly, this Writ petition stands disposed of. No costs. 19.08.2024 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No To:
1.
The District Collector, Dr.Singaravelar Maaligai, Chennai - 600 001.
2.
The Tahsildar, No.88, Mayor Ramanathan Salai, Chetpet, Chennai - 600 031.
M.DHANDAPANI , J.
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skt 19.08.2024 5/5