Madras High CourtWP/32743/2022disposed of

K.Kavitha v. The District Collector

2022-12-06Honourable Mr Justice R. Subramanian5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN K.Kavitha ..Petitioner Vs.

1.The District Collector, O/o.The Erode District Collector, Erode Distric.t 2.The Revenue District Officer, Thalavadi, Erode District.

3.The Tahsildar, Thalavadi, Erode District.

4.The Village Administrative Officer, Thalavadi Village, Erode District.

..Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India seeking issuance of Writ of Mandamus, directing the 3rd respondent to enquire the petitioner and pass appropriate orders on the online Application dated 01.11.2022 for issuance of legal heir certificate within the stipulate time as 1/5

fixed by this Court.

For Petitioner : Mr.K.J.Shiva Arudhra For Respondents : Ms.P.Rajarajeswari, Government Advocate

O R D E R

Ms.P.Rajarajeswari, learned Government Advocate takes notice for the respondents.

2. Considering the limited prayer sought for in the Writ Petition, this Writ Petition is taken up for disposal at the admission stage with the consent of the learned counsel appearing on either side.

3. The prayer in the writ petition reads as follows:- To direct the 3rd respondent to enquire the petitioner and pass appropriate orders on the online Application dated 01.11.2022 for issuance of legal heir certificate within the stipulate time as fixed by this Court.

4. The petitioner's application for issuance of legal heirship 2/5

certificate is pending with the respondents from 01.11.2022.

5. The learned Government Advocate would contend that the deceased has two wives. It is also stated that the mother of the deceased is alive and her name is not disclosed in the application.

6. The learned counsel for the petitioner would submit that the 2nd marriage happened after the divorce of the first wife.

7. In the light of the above revalation, the writ petition is disposed of with a direction to the Tahsildar, Thalavdi to consider the application of the petitioner, conduct a proper enquiry and thereafter issue a certificate within a period of eight weeks from the date of receipt of a copy of the order. No costs.

06.12.2022 dsa Index : No Internet : Yes Speaking order 3/5

To 1.The District Collector, O/o.The Erode District Collector, Erode Distric.t 2.The Revenue District Officer, Thalavadi, Erode District.

3.The Tahsildar, Thalavadi, Erode District.

4.The Village Administrative Officer, Thalavadi Village, Erode District.

4/5

R.SUBRAMANIAN, J.

dsa .

06.12.2022 5/5