Madras High CourtWP/28863/2019disposed of

C.S.Pandari Bai v. The Tahsildar

2023-03-28Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI C.S.Pandari Bai ... Petitioner Vs.

1.The Tahsildar Ayanavaram Taluk, Chennai District 600 102.

2.The Revenue Inspector Ayanavaram Taluk, Chennai District 600 102.

3.N.Uvaraj 4.N.Thirunavukkarasu 5.Sasikala (R4 and R5 impleaded as per order dated 11.11.2019 made in WMP.31088/2019 in WP.28863/2019 by PDAJ) ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the impugned letter dated 31.07.2019, bearing Na.Ka.No.TN720190604335/2019 on the file of the first respondent and quash the 1/4

same as illegal, incompetent and unconstitutional and further direct the first respondent to issue Legal Heirship Certificate of the petitioner's mother to the petitioner.

For Petitioner : Mr.J.Sudhakaran For Respondents : Mr.M.Alagu Goutham for R1 and R2 Government Advocate Mr.M.Balasubramanian for R3

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus to call for the records of the impugned letter dated 31.07.2019, bearing Na.Ka.No.TN- 720190604335/2019 on the file of the first respondent and to quash the same as illegal, incompetent and unconstitutional and further direct the first respondent to issue Legal Heirship Certificate of the petitioner's mother to the petitioner.

2.The case of the petitioner is that the petitioner made application to the official respondents seeking issuance of Legal Heirship Certificate and the same was rejected. Hence, this writ petition.

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3.The learned counsel appearing for the petitioner submitted that the petitioner's application for issuance of Legal Heirship Certificate was rejected on the ground of the objection made by the third respondent.

4.The learned counsel appearing for the third respondent submitted that the third respondent has no objection for issuance of Legal Heirship Certificate in favour of the petitioner. 5.In view of the above, the impugned order dated 31.07.2019 is set aside and the matter is remanded back to the first respondent for fresh consideration. The first respondent is directed to issue Legal Heirship Certificate to the eligible person/s after conducting enquiry. 6.The writ petition is accordingly disposed of. No costs. 28.03.2023 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No 3/4

M.DHANDAPANI,J.

pri To 1.The Tahsildar Ayanavaram Taluk, Chennai District 600 102.

2.The Revenue Inspector Ayanavaram Taluk, Chennai District 600 102.

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