Madras High CourtWP/6630/2016disposed of

Maheswari v. The Tahsildhar,

2016-02-24Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2016

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.No.6630 of 2016 Maheswari ... Petitioner Vs.

The Tahsildhar Egmore-Nungambakkam Taluk Office, Mayor Ramanathan Salai Chetpet Chennai - 600 003.

... Respondent Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to furnish the petitioner with Legal Heir Ship Certificate of her late husband viz., A.Dakshinamurthy, within a time to be stipulated by this Hon'ble Court, by considering the representation dated 29.01.2016.

For Petitioner : Ms.R.Anitha For Respondent : Mr.P.Sanjay Gandhi Additional Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal.

2.The present writ petition has been filed seeking a Mandamus directing the respondent to furnish the petitioner with Legal Heir Ship Certificate of her late husband viz., A.Dakshinamurthy, within a time to be stipulated by this Court, by considering the representation dated 29.01.2016. 3.In the petition it is stated that the petitioner's husband died on 02.05.2002 while serving as Pro-Man with the Integral Coach Factory leaving behind the petitioner and their children Ramya and Saravanan as legal heirs. Thereafter, the petitioner presented the application for issuance of Legal Heirship Certificate to the respondent during the year 2012 along with all requisite certificates and thereafter, she had been orally representing and pleading the respondent to provide her with the certificate, The petitioner was directed to present a notarized https://hcservices.ecourts.gov.in/hcservices/

affidavit stating the details of the legal heirs of her husband. The petitioner also submitted the affidavit and since the respondent did not process the said application, she again gave a representation to the respondent on 25.04.2014, but she did not receive the Legal Heirship Certificate, hence, she once again made a representation dated 29.01.2016 and the same was also acknowledged by the respondent office on 01.02.2016, but till date she has not received the Legal Heirship Certificate. Hence, this petition.

4.Heard the submissions of the learned counsel appearing for the petitioner and the learned Additional Government Pleader. 5.Considering the submissions made on either side, this Court directs the respondent to conduct enquiry on the application submitted by the petitioner for issuance of Legal Heirship Certificate by affording opportunity of personal hearing to the petitioner and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order. 6.The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar pri To 1.The Tahsildhar Egmore-Nungambakkam Taluk Office, Mayor Ramanathan Salai Chetpet Chennai - 600 003.

1 cc to M/s.L. Ramkumar, Advocate, Sr. 11429 1 cc to the Government Pleader, Sr. 11735 W.P.No.6630 of 2016 ALA (CO) kk 9/3 https://hcservices.ecourts.gov.in/hcservices/