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Madras High CourtWP/26571/2019closed

Kalpana v. The Tashildar

2022-10-18Honourable Mr Justice C. Saravanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2022

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN and W.M.P.No.25943 of 2019 Kalpana ... Petitioner Vs.

1. The Tahsildar, Fort Tondiarpet, Office of Sub Collector, Tondiarpet, Chennai - 600 081.

2. G.Sakunthala

3. K.Aravindan

4. Lavanya

5. Suvitha

6. Isaivani ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Certiorari, calling for the records pertaining to the Legal Heir Ship Certificate dated 30.06.2016 vide Ni.Mu.A6/2805/2016 issued by the First Respondent and to quash the Legal Heir Ship Certificate dated 30.06.2016 as illegal.

Page No. 1 of 4

For Petitioner : M/s.S.Deepika For Respondents : Mr.N.Naveen Kumar Government Advocate

ORDER

When the case was taken up for hearing on 14.10.2022, there was no representation on behalf of the petitioner, thereafter, the case was listed under the caption for dismissal today i.e., on 18.10.2022. However, on going through the records of the present writ petition, it is noticed that the petitioner has challenged the legal heir certificate dated 30.06.2016 issued to the LRs of late Gajendran.

2. It is the case of the petitioner that the petitioner's name has been wrongly left out in the aforesaid certificate and therefore, the present writ petition has been filed.

3. The records further reveal that the first respondent/Tahsildar has filed a Status Report dated 19.09.2019, wherein in paragraph 3 it has been stated as follows:

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"3. I respectfully submit that the petitioner attended the enquiry on 18.09.2019 and final order will passed by the Revenue Divisional Officer, North Chennai Revenue Division, Tondiarpet, Chennai - 600 081 within the time limit of Six Weeks.

Hence, it is prayed that this Hon'ble Court may be pleased to accept this status report and thus render justice."

4. It is not clear whether any further order has been passed, pursuant to the enquiry held on 18.09.2019. Considering the same, I am inclined to close this writ petition with liberty to the petitioner to restore this writ petition on the file of this Court, in case no orders have been passed by the Revenue Divisional Officer, Tondiarpet, Chennai in terms of the Statutory Report dated 19.09.2019.

18.10.2022 Index : Yes/No Internet : Yes/No Speaking/Non-speaking Order rgm Page No. 3 of 4

C.SARAVANAN, J.

rgm To The Tahsildar, Fort Tondiarpet, Office of Sub Collector, Tondiarpet, Chennai - 600 081.

and W.M.P.No.25943 of 2019 18.10.2022 Page No. 4 of 4