V.Senthil Kumar v. The Tahasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 31.10.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH V.Senthil Kumar ... Petitioner Vs 1 The Tahsildar, Madurai Taluk, Coimbatore - 641 105.

2 The Deputy Tahsildar (HQDT) Madukkarai Taluk, Coimbatore - 641 105.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to issue legal heir certificate of Kaliboyan (A) Kaliyappan S/o.Mariboyan (Late) who died on 18.02.2016 on the basis of petitioner application dated 10.07.2023. For Petitioner : Mr.V.Maharajan For Respondents : Mr.J.C.Durairaj Additional Government Pleader Pg.No.1/4

O R D E R

Mr.J.C.Durairaj, learned Additional Government Pleader accepts notice for the respondents and is armed with instructions to enable final disposal of this Writ petition, even at the stage of admission.

2. The petitioner prays for a mandamus directing the respondent to issue legal heirship certificate of one Kaliboyan @ Kaliyappan S/o Mariboyan (Late), who passed away on 18.02.2016. The petitioner states that his brother Paneerdoss had made an application, not once but twice, in May and June, 2023. However, after due enquiry by the Village Administrative Officer and Revenue Inspector, those applications had come to be rejected by the Deputy Tahsildar/R2 for want of certain documents.

3. According to the petitioner, the present application filed online on 10.07.2023 is complete in all respects and there ought to have been no delay in processing the same and issuance of legal heirship certificate.

4. There is no dispute on the receipt of application, since it had been filed online and acknowledgement of receipt of the same is also placed on record.

5. Mr.Durairaj would fairly accede to the position that there would be no delay in the process and the legal heirship certificate, if the application is found to be in order, will be issued expeditiously. Pg.No.2/4

6. Hence, mandamus is issued to R1, Tahsildar, Madukkarai Taluk, Coimbatore, to cause enquiry, hear the petitioner and anybody else who may thought fit and necessary, solicit documents from the parties, if necessary, and pass orders on the application of the petitioner dated 10.07.2023 within a period of six (6) weeks from date of receipt of a copy of this order.

7. This Writ Petition is disposed as above. No costs. 31.10.2023 Index : Yes / No Speaking order sl To 1 The Tahsildar, Madurai Taluk, Coimbatore - 641 105.

2 The Deputy Tahsildar (HQDT) Madukkarai Taluk, Coimbatore - 641 105.

Pg.No.3/4

Dr.ANITA SUMANTH, J.

sl 31.10.2023 Pg.No.4/4