Raja Mohan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.01.2020

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No.25403 of 2019 Rajamohan .. Petitioner ..Vs..

1.The District Collector, Chennai District, Singaravelar Maligai, Chennai-600 011.

2.The Thasildar, Ayanavaram Taluk, Ayanavaram, Near Kilpauk Water Tank, Chennai-600 023.

3.The Thasildar, Permabur Taluk, Permabur, Chennai-600 011.

.. Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the third respondent to issue legal heir certificate of the petitioner's father Mr.John Manuel.

For Petitioner : Mr.J.Chelladurai Caldwell For Respondents: Mrs.P.Rajalakshmi Additional Government Pleader

O R D E R

The petitioner has filed the present Writ Petition for issuance of a Writ of Mandamus, directing the third respondent to issue legal heir certificate of the petitioner's father Mr.John Manuel.

2.The case of the petitioner is that his father namely Mr.P.John Manuel died on 23.05.1979. At the time of demise, he was residing in No.21, Raja Street, Perambur, Chennai-600 011, which fell within the jurisdiction of the third respondent. The petitioner is presently residing in Ayanavarm. Due to difference in jurisdiction, the third respondent has not issued legal heir certificate to the petitioner. In this connection, the petitioner gave a representation dated 20.07.2019 to the third respondent. Till date, his representation has not been considered by them. Hence, the present writ petition.

3. The learned counsel appearing for the petitioner would submit that this Court may issue directions to the third respondent to issue legal heir certificate of the petitioner's father.

4. Mrs.P.Rajalakhsmi, learned Additional Government Pleader appearing for the respondents submitted that an enquiry has been conducted regarding the place of death of Mr.P.John Manual, which fell within the jurisdiction of the third respondent. She further submitted that the third respondent would comply with the limited request made by the learned counsel for the petitioner.

5. Without expressing any opinion on merits of the case and considering the limited request made by the learned counsel for the petitioner, this Court is inclined to issue a direction to the third respondent to consider the representation dated 20.07.2019 submitted by the petitioner and pass appropriate orders on or before 15.02.2020.

6.With the above directions, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar tta To 1.The District Collector, Chennai District, Singaravelar Maligai, Chennai-600 011.

2.The Thasildar, Ayanavaram Taluk, Ayanavaram, Near Kilpauk Water Tank, Chennai-600 023.

3.The Thasildar, Permabur Taluk, Permabur, Chennai-600 011.

+1 cc to Government Pleader Sr.No. 4769 W.P.No.25403 of 2019 A.SK(21/02/2020)