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Madras High CourtWP/24715/2024disposed of with direction

S.Govindhammal v. The District Collector

2024-08-23Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.Govindhammal ... Petitioner Vs.

1. The District Collector, Chennai District Collector Office, Rajaji Salai, Fourth Floor, 62, Beach Road, George Town, Chennai-600 001.

2.The Tahsildhar, Spur Tank Road, M.S.Nagar, Muktam Garden, Egmore, Chennai-600 031.

3.The Revenue Inspector III, Spur Tank Road, M.S.Nagar, Muktam Garden, Egmore, Chennai-600 031.

4.The Revenue Divisional Officer, (Chennai Central), Anna Nagar, West Extension, Chennai-600 101.

... Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents 1 to 4 to issue a Legal Heir Certificate on application No.TN-720240713151 for the petitioner and her son, namely, Palaniswamy and for all the heirs of the deceased first wife based on the petitioner's representation dated 28.06.2024 through online submission and also the petitioner got the No Objection Affidavit on 11.07.2024 and 12.07.2024 from all the legal heirs of the deceased first wife, except Murugan.

For Petitioner :

Mr.R.Rajesh For Respondents :

Mr.R.Neelakandan Additional Advocate General assisted by Mr.V.Baranidharan Additional Government Pleader

O R D E R

This Writ Petition has been filed to direct the respondents 1 to 4 to issue Legal Heir Certificate on application No.TN-720240713151 in favour of the petitioner and her son, namely, Palaniswamy and the legal heirs of the deceased first wife, based on the petitioner's representation dated 28.06.2024 made through online.

2. The learned counsel appearing for the petitioner submits that the petitioner is the second wife of late M.Subramani, who died on 26.04.2024 and she got married with him on 12.05.1995, after the death of the first wife, who has one daughter and three sons and through the wedlock, the petitioner and her husband have one son, namely, Palanisamy. For obtaining the Legal Heir Certificate, the petitioner has made a representation on 28.06.2024 and she also got the No Objection Affidavit on 11.07.2024 and 12.07.2024 from all the legal heirs of the deceased first wife, except Murugan, who is one of the sons of the first wife of Late Subramani and the whereabouts of Murugan is not known. However, the representation has not been considered so far. Therefore, the petitioner has filed the present writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the second respondent is directed to dispose of the representation of the petitioner, dated 28.06.2024, on merits and in accordance with law, within a specified period.

4. The learned counsel appearing for the respondents has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the second respondent to consider the representation of the petitioner, dated 28.06.2024 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

23.08.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

To

1. The District Collector, Chennai District Collector Office, Rajaji Salai, Fourth Floor, 62, Beach Road, George Town, Chennai-600 001.

2.The Tahsildhar, Spur Tank Road, M.S.Nagar, Muktam Garden, Egmore, Chennai-600 031.

3.The Revenue Inspector III, Spur Tank Road, M.S.Nagar, Muktam Garden, Egmore, Chennai-600 031.

4.The Revenue Divisional Officer, (Chennai Central), Anna Nagar, West Extension, Chennai-600 101.

M.DHANDAPANI, J.

ssb 23.08.2024