Madras High CourtWP/30723/2024disposed of with direction

Mrs.T.Firdouse v. The District Collector

2024-10-23Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.10.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI T.Firdouse ... Petitioner Vs.

1.The District Collector, Tiruppathur District, Collector Office, Tiruppathur-635 601.

2.The Revenue Divisional Officer, Tiruppathur District, Islamiah College Road, New Town, Vaniyambadi-635 752.

3.The Tahsildar, Taluk Office, Tiruppathur-635 601. ....Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the third respondent to consider the representation of the petitioner dated 21.08.2024 and after conducting thorough enquiry issue the Legal Heir Certificate within a time frame fixed by this Court.

For Petitioner :

Mr.S.Deivasigamani 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 to direct the third respondent to consider the representation of the petitioner dated 21.08.2024 and issue the Legal Heir Certificate after conducting thorough enquiry within a time frame fixed by this Court.

2. The case of the petitioner is that the petitioner's husband, namely, Taj Mohamed, is missing since 2006 and a complaint was lodged by the petitioner before the Police to find her husband, but no action was taken and the petitioner has made a representation on 21.08.2024 before the respondents to presume her husband as dead and issue Legal Heir Certificate, however, the same has not been considered so far. Therefore, the petitioner has filed the present writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the third respondent is directed to dispose of the representations of the petitioner, dated 21.08.2024 on merits and in accordance with law, within a specified period.

4. The learned Additional Advocate General assisted by the learned Additional Government Pleader appearing for the respondents has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the third respondent to consider the representation of the petitioner, dated 21.08.2024 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

23.10.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb To 1.The District Collector, Tiruppathur District, Collector Office, Tiruppathur-635 601.

2.The Revenue Divisional Officer, Tiruppathur District, Islamiah College Road, New Town, Vaniyambadi-635 752.

3.The Tahsildar, Taluk Office, Tiruppathur-635 601.

M.DHANDAPANI, J.

ssb 23.10.2024