Chinnapaiyan v. The District Collector,

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.08.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.Nos.24455 of 2023 and W.M.P.No.23935 of 2023 Chinnapaiyan ....

Petitioner Vs

1. The District Collector, Office of the District Collector, Tiruvannamalai District, Tiruvannamalai.

2. The Tahsildar, Office of the Tahsildhar, Cheyyar Taluk, Tiruvannamalai District.

3. The Revenue Inspector, Office of the Tahsildhar, Cheyyar Taluk, Tiruvannamalai District.

4. The Village Administrative Officer, Kizhapazhandai Village, Cheyyar Taluk, Tiruvannamalai District.

....

Respondents 1/4

PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue Writ of Certiorarified Mandamus to call for the entire records pertains to order of the 2nd respondent dated 24.03.2023 in petitioner's online application for legal heir certificate in Application No.7202303141296, rejection of his request for legal heir certificate of deceased Smt. Bhoodhanammal and quash the same is illegal and further direct the 2nd respondent to issue a legal heir certificate to petitioner as legal heir of deceased Late.Bhoodhanammal.

For Petitioner :

A.Gowthaman For Respondents :

Mr.M.Bindran Additional Government Pleader

O R D E R

This Writ Petition has been filed challenging the order dated 24.03.2023 passed by the second respondent, thereby rejected the application submitted by the petitioner for issuance of legal heir certificate on the demise of Bhoodhanammal.

2. The learned Additional Government Pleader appearing for the respondents submitted that as against the order passed by the second respondent, an appeal remedy is very much available to the petitioner before the First Appellate Authority i.e., District Revenue Officer, within a period of one year from the date of issuance of the order, when there is a specific provision under G.O.Ms.No.478 dated 2/4

29.09.2022.

3. In view of the above, this writ petition is not maintainable and is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. The petitioner is at liberty to challenge the impugned order before the District Revenue Officer and on receipt of any appeal filed by the petitioner, the concerned Jurisdictional Officer shall pass orders, after giving sufficient opportunity to the petitioner, on merits and in accordance with law within a period of twelve weeks from the date of receipt of appeal. Consequently, connected miscellaneous petition is closed. No costs.

21.08.2023 Internet: Yes Index: Yes/No Speaking/Non-speaking order Lpp To

1. The District Collector, Office of the District Collector, Tiruvannamalai District, Tiruvannamalai.

G.K.ILANTHIRAIYAN, J.

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Lpp

2. The Tahsildar, Office of the Tahsildhar, Cheyyar Taluk, Tiruvannamalai District.

3. The Revenue Inspector, Office of the Tahsildhar, Cheyyar Taluk, Tiruvannamalai District.

4. The Village Administrative Officer, Kizhapazhandai Village, Cheyyar Taluk, Tiruvannamalai District.

W.P.Nos.24455 of 2023 and W.M.P.No.23935 of 2023 21.08.2023 4/4