Mrs.Louis Mary v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10/3/2016 C O R A M THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.9002 of 2016 Mrs. Louis Mary

...Petitioner

Vs

1. The District Collector Chennai.

2. The Tahsildar Perambur Taluk Office Perambur Chennai.

3. The Headquarters Deputy Tahsildar Perambur Taluk Office Perambur Chennai.

4. The Revenue Inspector Perambur Taluk Office Perambur Chennai.

...Respondents

Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the first respondent to consider the representation of the petitioner dated 25/2/2016 for the issuance of a legal heirship certificate.

For Petitioner ...

Mr.S.Selvathirumurugan For respondent ...

Mr.P.Karthikeyan Government Advocate

O R D E R

With the consent of the learned counsel appearing on either side, this writ petition is taken up for final disposal.

2. Heard Mr.S.Selvathirumurugan, learned counsel for the petitioner and Mr.P.Karthikeyan, learned Government Advocate for the respondents.

3. This writ petition has been filed praying to direct the first respondent to consider the representation of the petitioner dated 25/2/2016 for the issuance of a legal heirship certificate.

4. The case of the petitioner is that the petitioner is the first wife of her husband/Purushothaman. Out of their wedlock, the petitioner had given birth to three daughters. After ten years of their marriage, the petitioner's husband had married another lady, Umadevi in the year 1991 and gave birth to two children. The petitioner's husband died on 9/5/2015. The petitioner had applied for legal heirship certificate, on 23/6/2015. An enquiry was conducted by the fourth respondent and they had obtained Rs.8,500/- in three instalments under the guise of verification fee. But till today, the respondents had not issued any legalheirship certificate to the petitioner. Hence the petitioner has come forward with the present writ petition praying for the relief as stated therein.

5. Without going into the merits of the claim of the petitioner, the second respondent is hereby directed, to consider the representation of the petitioner, dated 25/2/2016, and pass an appropriate order, on merits and in accordance with law, within a period of eight weeks, from the date of receipt of a copy of this order, by affording an opportunity of personal hearing to the petitioner, as well as to all the necessary parties concerned. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petition.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mvs.

To

1. The District Collector Chennai.

2. The Tahsildar Perambur Taluk Office Perambur Chennai.

3. The Headquarters Deputy Tahsildar Perambur Taluk Office Perambur Chennai.

4. The Revenue Inspector Perambur Taluk Office Perambur Chennai.

+ 1 cc to Mr.Selvathiru Murugan, Advocate Sr.15509 W.P.No.9002 of 2016 MG(CO) Eu 29.03.16