R.Thangaraj v. The Government Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.09.2024 CORAM :
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.28082 of 2024 R.Thangaraj ... Petitioner Vs.
1.
The Government of Tamil Nadu, Rep. by District Collector, Perambalur District.
2.
The Tahsildar, Veppanthattai Taluk, Perambalur District.
... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the second respondent to consider the representation of the petitioner dated 24.07.2024 and to issue Legal Heirship Certificate in pursuance to the Judgment and Decree dated 26.08.2014 passed in O.S.No.25 of 2014 by the learned District Munsif at Perambalur.
For Petitioner :
Mr.G.Ilamurugu For Respondents :
Mr.R.Neelakandan, AAG Assisted by Mr.U.Baranidharan, AGP Page No.1 of 5
O R D E R
The petitioner has filed this petition seeking a direction to the second respondent to consider the representation of the petitioner dated 24.07.2024 and to issue Legal Heirship Certificate in pursuance to the Judgment and Decree dated 26.08.2014 passed in O.S.No.25 of 2014 by the learned District Munsif at Perambalur.
2. The case of the petitioner is that the petitioner's father died on 01.05.1965. Subsequently, the petitioner filed a suit in O.S.No.25 of 2014 before the learned District Munsif, Perambalur seeking to declare himself and his sisters as legal heirs of his deceased father and to direct the second respondent to issue legal heirship certificate and the same was decreed in their favour vide judgment and decree dated 26.08.2014. Though the petitioner made representation dated 24.07.2024 along with the aforesaid decree before the second respondent, the same was not acceded to. Hence, the present writ petition.
3. Though very many grounds have been raised in this Writ Petition, the learned counsel for the petitioner submitted that, it would suffice, if this Page No.2 of 5
Court issues direction to the second respondent to consider the petitioner's representation dated 24.07.2024 and pass appropriate orders on merits and in accordance with law, within a particular time frame to be fixed by this Court.
4. The learned Additional Advocate General appearing for the respondent has no objection for the said order being passed.
5. Heard the learned counsel appearing on either side and perused the materials placed on record.
6. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the second respondent to consider the petitioner's representation dated 24.07.2024 and pass appropriate order on merits and in accordance with law, after affording an opportunity of hearing to the petitioner as well as aggrieved persons if any, within a period of four (4) weeks from the date of receipt of a copy of this order.
7. With the above observation and direction, this Writ Petition is disposed of. No costs.
Page No.3 of 5
25.09.2024 RAP Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To:
1.
The District Collector, The Government of Tamil Nadu, Perambalur District.
2.
The Tahsildar, Veppanthattai Taluk, Perambalur District.
M.DHANDAPANI,J.
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