J.Vivek Vaithiyanathan v. The Distict Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2020

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.26772 of 2019 J.Vivek Vaithiyanathan ... Petitioner vs

1. The District Collector, Chennai District, Office of the Collectorate Chennai, Singaravelar Maligai, Chennai - 01.

2. Thasildhar, Office of the Thasildhar, Madhavaram Taluk, Chennai.

3. J.Rajeswari, W/o G.Jagadeesan

4. Dimple Kumutha, D/oG.Jagadeesan

5. Jayasudha, D/o G.Jagadeesan

6. Poornima D/o G.Jagadeesan

7. Vinod Kumar, S/o G.Jagadeesan (R3 to R7 impleaded as per order dt.26.09.2019 in WMP.27682/2019 in W.P.26772/2019) ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to process the petitioner's application dated 20.08.2019 seeking to issue legal heir certificate of deceased G.Jagadeesan who died on 08.09.2010 pending on the file of the second respondent and pass orders to issue the same to the petitioner in accordance with law.

For Petitioner : Mr.U.Karunakaran For Respondents : Mr.R.A.S.Senthilvel, Additional Government Pleader for R1 to R3

O R D E R

The petitioner seeks for Mandamus directing the 2nd respondent to process the petitioner's application dated 20.08.2019 seeking for issuance of Legal Heir Certificate for the deceased G.Jagadeesan, who died on 08.09.2010.

2. The petitioner claims to be the son of the deceased through his second wife. He seeks for issuance of Legal Heir Certificate by including the other legal heirs born through the first wife. The grievance of the petitioner is that his application has not been considered so far.

3. Therefore, without expressing any view on the merits of the claim made by the petitioner, this Writ Petition is disposed of by directing the second respondent to consider the application filed by the petitioner and pass orders on the same on merits and in accordance with law, after hearing the petitioner and the respondents 3 to 7 as well as other interested parties, if any. Such exercise shall be done by the second respondent within a period of eight weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vsi To

1. The District Collector, Chennai District, Office of the Collectorate Chennai, Singaravelar Maligai, Chennai - 01.

2. The Thasildhar, Office of the Thasildhar, Madhavaram Taluk, Chennai.

+1cc to Mr.M/s.U.Karunakaran, Advocate, S.R.No.2303 +1cc to the Government Pleader, S.R.No.23686 W.P.No.26772 of 2019 sai(CO) jrs(29/05/2020)