K.Mythily v. V.Natarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.02.2024

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN K. Mythily ... Petitioner

Versus

V. Natarajan Tahsildar Walajapet Taluk, Walajapet, Ranipet District - 632 513.

... Respondent Prayer : - This petition filed under Section 11 of Contempt of Courts Act, 1971 to punish the respondent for willful disobedience of the order dated 23.02.2023 passed in W.P.No.2655 of 2022.

For Petitioner :

Ms.T.Sreelekha For Respondents :

Mr. G. Ameedius, Govt. Advocate

ORDER

This Contempt Petition has been filed by the petitioner complaining that the order of this Court dated 23.02.2023 in W.P.No.2655 of 2022 had not been put into effect and consequently, to punish the respondent. 2.The writ petition in W.P.No.2655 of 2022 had been filed seeking legal heirship certificate for the petitioner / daughter of the deceased. At the time of death, the deceased was residing at Ranipet, according to the petitioner, with his second wife. But even in the death certificate, reliance on which has been placed by the petitioner, the permanent address of the deceased was given as No.6, R.E Nagar, 3rd Street, Porur, Ambattur, Thiruvallur, Tamil Nadu. The 3rd respondent in the writ petition was the Tashildar, Walajahpet Taluk, Walajahpet, Ranipet District. It is complained in the contempt petition that the 3rd respondent / Tashildar, Walajahpet Taluk, Ranipet District had not complied with the direction issued by this Court to issue legal heirship certificate relating to the death of the father of the petitioner herein.

3.A report has however been filed by the Tahsildar stating that the permanent address of the deceased was in Thiruvallur and all the legal heirs are also residing at Thiruvallur. It had been further stated that therefore, the Tashildar office at Ranipet District, would not be in a position to gather the correct details of the legal heirs and that it would only be appropriate that the petitioner files an application before the jurisdictional Tashildar office at Thiruvallur.

4.The learned counsel for the petitioner, however, reiterated that the deceased had died at Ranipet District and he was also residing in that particular place. It is also further contended that at the time of death the authority wanted his Aadhar Card and on the basis of the same, his permanent address was noted as that in Thiruvallur District. 5.The jurisdictional Tashildar who will be in a position to determine the list of legal heirs alone would be able to issue legal heirship certificate.

If the legal heirs of the deceased are residing in Thiruvallur and as a matter of fact, the petitioner who is one of the legal heirs is also residing in Thiruvallur, it would only be appropriate that the petitioner approaches the jurisdictional Tashildar and seeks appropriate relief. 6.The petitioner may give necessary application before the jurisdictional Tashildar at Thiruvallur District and seek appropriate relief. While filing a fresh application, the copy of the earlier application may be enclosed.

7.Observing as above, this Contempt Petition stands closed. 29.02.2024 smv Internet : Yes / No Index : Yes / No

C.V. KARTHIKEYAN , J.

smv 29.02.2024