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Madras High CourtWP/28916/2023disposed of

Sharmila Bala Dhayanidhi v. The Tahsildar

2023-10-09Honourable Dr Justice Anita Sumanth4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 09.10.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH Sharmila Bala Dhayanidhi ... Petitioner Vs The Tahsildar, Thiruvannamalai Taluk Thiruvannamalai District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to include the names of Ms.B.Vinisha and Minor B.Arshita D/o. Late Mr.Bala Dayanidhi as legal heirs of the deceased P.Saraswathi W/o. Mr.Pugalendhi as requested in the representation dated 14.04.2023 and 01.08.2023. For Petitioner : Mr.Zaffarullah Khan For Respondent : Mr.J.C.Durairaj Additional Government Pleader Pg.No.1/4

O R D E R

Mr.J.C.Durairaj, learned Additional Government Pleader accepts notice for the respondent and is armed with instructions to enable final disposal of this matter, even at the stage of admission.

2. The petitioner seeks a mandamus directing the respondent, Tahsildar, Tiruvannamalai Taluk to issue a legal heirship certificate including the names of Ms.B.Vinisha and Minor B.Arshita as legal heirs of deceased P.Saraswathi, wife of Mr.Pugalendhi. They have made a representation in this regard on 14.04.2023 and 01.08.2023.

3. Mr.Durairaj, learned Additional Government Pleader would have no objection to the mandamus being issued and assures the Court that the representation will be disposed in accordance with law. This is recorded.

4. It is made clear that prior to the disposal of the representation, the authority will ascertain from the individuals, who seek inclusion as who would contest their inclusion and ensure that notice will be issued to them as well in addition to those mentioned in the affidavit filed in support of the Writ Petition. Thereafter, the respondent, after hearing the individuals seeking inclusion of their name in the legal heirship certificate as well as other parties who have been served with notice, will dispose the representation in accordance with law, within a period of eight (8) weeks from date of first hearing. Pg.No.2/4

5. This Writ Petition stands disposed as above. No costs. 09.10.2023 Index : Yes / No Speaking order sl To The Tahsildar, Thiruvannamalai Taluk Thiruvannamalai District.

Pg.No.3/4

Dr.ANITA SUMANTH, J.

sl 09.10.2023 Pg.No.4/4