← Library
Madras High CourtWP/25912/2022disposed of

Vijayalakshmi v. The Tahsildar

2022-09-27Honourable Mr Justice R. Suresh Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.09.2022

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Vijayalakshmi ... Petitioner Vs The Tahsildar, Ambathur Taluk Office, Chennai - 93.

... Respondent Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondent to issue legal heir certificate pursuant to the representation dated 09.09.2022 and the acknowledgment dated 10.09.2022 issued by the respondent herein.

For Petitioner : Mr.V.Illanchezian For Respondents : Mr.Vadivelu Dheenadayalan

ORDER

The prayer sought for herein is for a writ of mandamus directing the respondent to issue legal heir certificate pursuant to the representation dated 09.09.2022 and the acknowledgment dated 10.09.2022 issued by the respondent herein.

1/5

2. The petitioner husband one Krishnakumar died while he was working in the Police Department on 05.03.2022. After his death, in order to get the death cum retirement as well as the pensionary benefits/ family pensionary benefits to the petitioner who is the wife of the deceased employee, the necessary legal heir certificate has to be produced to the employer. Therefore, in order to get the legal heir certificate, the petitioner has given application on 09.09.2022, even prior to that, already on 16.07.2022 that application has been given after paying the necessary charges, acknowledgment also has been given by the Tahsildar office. Therefore, based on which, the application of the petitioner has to be processed and the necessary legal heir certificate is to be issued to the petitioner and in order to seek a direction to that effect to the respondent, the petitioner has moved the present writ petition.

3. Heard Mr.V.Illanchezian, learned counsel appearing for the petitioner and Mr.Vadivelu Dheenadayalan, learned Additional Government Pleader appearing for the respondent.

4. The learned Additional Government Pleader would contend that the said application submitted by the petitioner would be processed and 2/5

the legal heir certificate would be issued after conducting proper enquiry in this regard to the petitioner within a reasonable time limit that may be stipulated by this Court.

5. In view of the aforestated facts and circumstances and having regard to the said submission made by the learned Additional Government Pleader appearing for the respondent, this Court is inclined to dispose of this writ petition with the following orders: That there shall be a direction to the respondent to consider the application/representation submitted by the petitioner on 16.07.2022 followed by the reminder application dated 09.09.2022 and issue necessary legal heir certificate after conducting due enquiry in this regard to the petitioner within a period of eight weeks from the date of receipt of a copy of this order.

6. With this direction, this Writ Petition is disposed of. No costs. 27.09.2022 Sgl 3/5

R. SURESH KUMAR, J.

Sgl To The Tahsildar, Ambathur Taluk Office, Chennai - 93.

27.09.2022 4/5