K.R.Rajesh v. The Revenue Divisional Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2020

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.30287 of 2019 K.R.Rajesh

...Petitioner

Vs.

1.The Revenue Divisional Officer, Sulur Circle, Sulur, Coimbatore.

2.The Tahsildar, O/o.Tahsildar, Sulur Taluk, Coimbatore Taluk.

...Respondents

Prayer:Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of mandamus to direct the second respondent to issue legal heir certificate that no children's born through the petitioner's mother Padmini and his step father Muralidharan by the second respondent Sulur Taluk, Coimbatore District by considering the representation made by the petitioner dated 13.05.2019 by the second respondent within the time to be stipulated by this Court.

For Petitioner :

Mr.R.Chandrasekaran For Respondents:

Mr.R.Govindasamy Special Government Pleader

O R D E R

This writ petition is filed for a mandamus to direct the second respondent to issue legal heir certificate that no children's born through the petitioner's mother Padmini and his step father Muralidharan by the second respondent Sulur Taluk, Coimbatore District by considering the representation made by the petitioner dated 13.05.2019 within the time to be stipulated by this Court.

2. It is stated that the petitioner husband and his sister K.R.Raji were born through the first husband of the deceased mother Padmini. It is further stated that their father also died. Now the petitioner seeks for issuance of legal heir https://hcservices.ecourts.gov.in/hcservices/

certificate after the death of their mother on 29.12.2016. According to the petitioner, though his mother married another person by name Muralidharan later, there was no issue to them and both died in a fire accident.

3. This Court, at this stage, is not expressing any view on the merits of the claim of the petitioner, as it is for the second respondent to conduct an enquiry and pass orders on the petitioner's request for issuing legal heir certificate. Accordingly, this writ petition is disposed of, only with a direction to the second respondent to conduct a proper enquiry and thereafter, pass orders on the petitioner's representation dated 13.05.2019, seeking for legal heir certificate on merits and in accordance with law. Such exercise shall be done by the second respondent within a period of eight weeks. No costs. Sd/- Assistant Registrar(CS-IX) //True copy// Sub Assistant Registrar vri To 1.The Revenue Divisional Officer, Sulur Circle, Sulur, Coimbatore.

2.The Tahsildar, O/o.Tahsildar, Sulur Taluk, Coimbatore Taluk.

+1cc to Mr.Chandrasekaran, Advocate SR.No.19070 +1cc to Government Pleader SR.No.19737 W.P.No.30287 of 2019 MG(CO) GMY(10/06/2020) https://hcservices.ecourts.gov.in/hcservices/