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Madras High CourtWP/31263/2024dismissed

H.Kareem Ahamed v. The Tahsildar

2024-10-24Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.31263 of 2024 Kareem Ahamed ... Petitioner Vs.

The Tahsildar, Purasaiwalkam Taluk, No.03, Raja Muthiah Salai, Old Fort Tondiarpet Taluk Office, Purasaiwalkam, Chennai-3.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent herein to consider the petitioner representation dated 03.10.2024 and to verify the legality of the legal heir certificate dated 14.07.2000 certificate No.D.Dis/A6/31506/2000 (SI No.1101/2000) issued to the petitioner's elder brother Late Mr.Shameen Ahamed by conducting proper enquiry with the legal heirs of Late Mr.Shameem Ahamed within a stipulated time as fixed by this Court. For Petitioner :

Mr.M.Bharathy Meena For Respondent :

Mr.R.Neelakandan, AAG Assisted by Mr.U.Baranidharan

O R D E R

The Writ Petition has been filed seeking a direction to the respondent herein to consider the petitioner representation dated 03.10.2024 and to verify

the legality of the legal heir certificate dated 14.07.2000 certificate No.D.Dis/A6/31506/2000 (SI No.1101/2000) issued to the petitioner's elder brother Late Mr.Shameen Ahamed by conducting proper enquiry with the legal heirs of Late Mr.Shameem Ahamed within a stipulated time as fixed by this Court.

2. The learned counsel for the petitioner submitted that this Court may direct the respondent to consider and pass orders on the petitioners representation dated 03.10.2024 within the stipulated time as fixed by this Court.

3. The learned Additional Government Pleader on instructions submitted that the petitioner is the brother of the deceased Shameem Ahamed who died on 20.06.2000 leaving behind his wife Nazeen Begum and his three children who are the class -I legal heirs of the said deceased. After conducting enquiry, the respondent has issued LR certificate to the legal heirs of the deceased. The prayer sought for by the petitioner is liable to be rejected.

4. Heard the learned counsel for the petitioner and the learned Government Counsel appearing for the respondent and perused the materials

available on record.

5. Considering the fact that the petitioner's brother died on 20.06.2000 and the legal heir certificate has been issued to the dependents of the deceased in the year 2000. After lapse of four years, the petitioner has filed the present petition to verify the legality of the LR certificate. However, after conducting enquiry, the respondent has issued legal heir certificate to the dependents of the deceased. If the petitioner has any grievance in respect of the legal heir certificate, he has to approach the competent forum and not before this Court, filing the present petition is not sustainable and therefore, the prayer sought for by the petitioner cannot be granted.

6. With the above direction, the writ petition is dismissed. No costs. 24.10.2024 rli To The Tahsildar, Purasaiwalkam Taluk, No.03, Raja Muthiah Salai, Old Fort Tondiarpet Taluk Office, Purasaiwalkam, Chennai-3.

M.DHANDAPANI,J rli W.P.No.31263 of 2024 24.10.2024