P.Madhu v. The Thasildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 30.10.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH P.Madhu ... Petitioner Vs The Thasildhar, Taluk Office, Pochampalli Taluk, Krishnagiri District 635123.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to take appropriate decision based on petitioner's representation dated 27.11.2015 for issuing the legal heirship Certificate to the petitioner within a stipulated period of time is fixed by this Honourable Court.

For Petitioner : Mr.M.Vignesh For Respondent : Mr.J.C.Durairaj Additional Government Pleader 1/4

O R D E R

Mr.J.C.Durairaj, learned Additional Government Pleader accepts notice for the sole respondent being Tahsildar, Pochampalli Taluk, Krishnagiri District and is armed with instructions to enable final disposal of this Writ petition, even at the stage of admission.

2. The petitioner seeks a mandamus directing the sole respondent to take a decision on his representation dated 27.11.2015 for issuance of legal heirship certificate including his name as well as his young sisters' name as secondary degree relations to one Kullan @ Thirupathi and Govindammal W/o. Kullan @ Thirupathi, who he claims are their paternal grand father and grand mother respectively.

3. The entire affidavit is premised on various facts and the petitioner has also along with the writ petition annexed documents which he claims establishes his relationship with those deceased. Since the prayer is itself only for mandamus simplicitor seeking disposal of the representation nothing is said on the facts and averments in the Writ petition.

4. In light of there being no objection by the learned Government Pleader for issuing a mandamus, there is a direction to the sole respondent to ascertain from the petitioner who the other relatives are who would also be necessary parties for consideration of the petitioner's prayer, issue notice to all 2/4

of them, hear the petitioner as well as the other parties and pass orders on representation dated 27.11.2015 in accordance with law within a period of twelve (12) weeks from date of first hearing.

5. Let a copy of this order along with a copy of the representation dated 27.11.2015 be served upon the sole respondent by the petitioner to fast track the process of hearing. It is made clear that it is only upon receipt of a copy of this order along with a copy of the representation that proceedings will be initiated by the sole respondent and the period of twelve weeks will commence from date of first hearing thereafter.

6. This Writ Petition is disposed as above. No costs. 30.10.2023 Index : Yes / No Speaking Order sl To The Thasildhar, Taluk Office, Pochampalli Taluk, Krishnagiri District 635123.

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Dr.ANITA SUMANTH, J.

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