A.Manavalan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.33101 of 2024 A.Manavalan ... Petitioner Vs.

The Tahsildar, Guindy Taluk, Chennai-32. ....Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the respondent pertaining to the proceedings in A2/1135/2023 dated 14.09.2023 and quash the same and consequently, direct the respondent to issue Legal Heirship Certificate in favour of the petitioner for his deceased mother, Annakalanjiam.

For Petitioner :

Mr.T.Deeraj For Respondents : Mr.R.Neelakandan Additional Advocate General assisted by Mr.U.Baranidharan Additional Government Pleader

O R D E R

This Writ Petition has been filed challenging the proceedings dated 14.09.2023 in A2/1135/2023 issued by the respondent and for a direction to the respondent to issue Legal Heirship Certificate in favour of the petitioner for his deceased mother, namely, Annakalanijam.

2. The learned counsel appearing for the petitioner submits that the petitioner is an adopted child of one Kesavan and Annakalanjiyam and Annakalanjiyam died on 29.09.2020. Therefore, the petitioner made an application on 25.07.2023 before the respondent seeking for issuance of Legal Heirship Certificate for his deceased mother, namely, Annakalanjiyam and it was rejected vide impugned order dated 14.09.2023 which is under challenge in this petition. However, the learned counsel appearing for the petitioner would submit that it would suffice, if this Court grants liberty to the petitioner to approach the civil Court.

3. Heard the learned Additional Advocate General assisted by the learned Additional Government Pleader appearing for the respondent.

4. Considering the limited request made by the learned counsel for the petitioner, this Court, without interfering with the impugned order dated 14.09.2023, grants liberty to the petitioner to approach the civil Court and if the petitioner establishes his legal heirship status, liberty is granted to the petitioner to approach the concerned Authority for getting the Legal Heirship Certificate.

5. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

17.10.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

To The Tahsildar, Guindy Taluk, Chennai-32.

M.DHANDAPANI, J.

ssb 17.10.2024