Vasantha Kumari v. The Tahsildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2022

CORAM

THE HONOURABLE MR.JUSTICE M. DHANDAPANI W.P.NO.28472 OF 2021 AND W.M.P.NO.30065 OF 2021 1.Vasantha Kumari 2.Ambika. S

...Petitioners

Versus

The Tahsildar Avadi Taluk Modern City Deenadayalan Nagar Pattabiram Chennai - 600 054

...Respondent

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respodent to issue legal heirship certificate in favour of the petitioners based on the application given by the first petitioner vide application No.TN-720210827152 dated 27.08.2021. For Petitioners :

Mr.B.Govindaprabu For Respondents :

Mr.C.Sangamithirai Special Government Pleader

O R D E R

Mr.C.Sangamithirai, learned Special Government Pleader takes notice for respondent. By consent of both parties, this writ petition is taken up for final disposal at the time of admission itself.

2.The present writ petition has been filed seeking a direction to the respondent to issue legal heirship certificate in favour of the petitioners.

3.The case of the petitioners is that the first petitioner is the legally wedded second wife to the late Sundaramurthy and

the second petitioner is the daughter of the first wife to the late Sundaramurthy. The second petitioner states that she along with her brother namely one late Sampath Kumar was born out of the wedlock from the first wife namely late Mrs.Govindammal with late Mr. Sundaramurthy. Further, the second petitioner's mother died and subsequently, his father married the first petitioner. However, the first petitioner nurtured the second petitioner and her brother. While so, her brother namely Mr. Sampathkumar died intestate leaving behind his wife namely S. Sukanya and a son S.Tarun. Pursuant to the same, her father namely Sundaramurthy passed away on 26.05.2021 leaving behind the first and the second petitioners as his legal heirs. To acquire legal heirship certificate, the first petitioner had applied for a legal heirship certificate to the respondent vide application No.TN720210871512 dated 27.08.2021 and the same was considered. Aggrieved by the inaction, the petitioners have come up with this writ petition.

4. The learned counsel for the petitioner submitted that this Court may issue a suitable direction to the respondents to consider the petitioner's application and pass appropriate orders within the time stipulated by this Court.

5. The learned Special Government Pleader submitted that the application made by the petitioner will be considered and orders will be passed on merits within the stipulated period as fixed by this Court.

6. Considering the limited relief sought in this writ petition, this court, without going into the merits of the case, directs the respondent to consider the petitioner's application dated 27.08.2021 and pass appropriate orders, on merits and in accordance with law, after affording reasonable opportunity of hearing to the petitioners, within a period of four weeks from the date of receipt of a copy of this order.

7. With the aforesaid direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VIII) // True Copy // Sub Assistant Registrar rli

To The Tahsildar Avadi Taluk Modern City Deenadayalan Nagar Pattabiram Chennai - 600 054 +1cc to Mr.B.Govindaprabu, Advocate Sr.No.968 +1cc to the Government Pleader Sr.No.1110 W.P.No.28472 of 2021 SPD(CO) RVM(31/01/2022)