A.Palani v. The Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.10.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.29253 of 2024 A.Palani
...Petitioner
Vs.
1.The District Collector Collectorate Moovendar Nagar 2.The Secretary to Government Revenue Department Secretariat, Chennai 600009.
3.The Sub-Collector Tindivanam 4.The Revenue Inspector/Officer Moovendar Nagar 5.The Tahsildar 1/6
6.The Village Administrative Officer
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the third respondent i.e., the SubCollector Villupuram District to consider and take appropriate action on the petitioner's representation dated 07.01.2024 so as to issue the legal heir certificate of the deceased K.Anbazhagan incorporating the names 1) P.Vijayalakshmi (wife) 2) A.Palani (son) 3) A.Gomathi (Daughter) 4) A.Saraswathi (Daughter) 5) A.Manikandan (son) 6) A.Kathawarayan (Father of K.Anbazhagan) and 7) K.Ponnammal (mother of K.Anbazhagan) as shown in paragaraph No.2 and 7 of the affidavit as his legal heirs. For Petitioner : Mr.P.Venkatesan For Respondents : Mr.R.Neelakandan Additional Advocate General Assisted by Mr.A.Selvendran for R1 to R6 Special Government Pleader 2/6
O R D E R
The petitioner herein seeks a direction to the third respondent to consider his application dated 07.01.2024 seeking issuance of legal heirship certificate of his father.
2. It is the case of the petitioner that his father Anbazhagan died on 25.07.2020 and thereafter, the petitioner submitted an application seeking issuance of legal heirship certificate and the same has not been considered. Hence, the petitioner is before this Court.
3. Mr.R.Neelakandan, learned Additional Advocate Genreal assisted by Mr.A.Selvendran, learned Special Government Pleader, who takes notice for the respondents 1 to 6 by taking this Court to page 77 in the typed set of papers submitted that the application of the petitioner for issuance of legal heriship certificate in Application No.TN-720231228138 was already rejected on 28.12.2023.
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4. Since the application of the petitioner has been rejected by the fifth respondent as early as on 28.12.2023 it is for the petitioner to challenge the order in the manner know to law before the Appellate Authority.
5. The learned counsel for the petitioner submitted that the detailed order has not been communicated to him.
6. The learned Additional Advocate General appearing for the respondents 1 to 6 submitted that the detailed order dated 28.12.2023 will be communicated to the petitioner within a period of two weeks from the date of receipt of a copy of this order.
7. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the fifth respondent to communicate the detailed order dated 28.12.2023 to the petitioner within a period of two weeks from the date of receipt of copy of this order and it is for the petitioner to challenge the same before the Appellate 4/6
Authority in the manner known to law.
8. With the above direction, this Writ Petition is disposed of. No costs.
03.10.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna To 1.The District Collector Collectorate Moovendar Nagar 2.The Secretary to Government Revenue Department Secretariat, Chennai 600009.
3.The Sub-Collector Tindivanam 4.The Revenue Inspector/Officer Moovendar Nagar 5.The Tahsildar 6.The Village Administrative Officer 5/6
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S.SOUNTHAR , J.
dna W.P No.29253 of 2024 03.10.2024 7/6