R.Radha v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P.No.38878 of 2024 R.Radha ... Petitioner vs.

1.The District Collector, Office of the District Collector, Chennai 2.The Tahsildar Mambalam Taluk, Chennai 3.The Revenue Divisional Officer, South Chennai Division, Chennai ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider and dispose of her representation dated 19.06.2024 by conducting an enquiry and issue the legalheirship certificate to petitioner within a reasonable time.

For Petitioner : Mr.D.Prasanna For Respondents : Mr.R.Neelakandan Additional Advocate General Assisted by Mr.V.Ramesh Government Advocate 1/5

O R D E R

The petitioner herein seeks a direction to the respondents to consider her representation dated 19.06.2024 and pass final orders, within a reasonable time.

2. It is the case of the petitioner that her father-V.Ramaiah died on 10.06.2023 and petitioner's elder sister-Gayathri obtained a legal heirship certificate, as if, she was the sole legal heir of the deceased by suppressing the petitioner's name. Therefore, the petitioner submitted a representation before the 1st respondent on 14.06.2024 seeking cancellation of legal heirship certificate obtained by her sister-Gayathri and the same has not been considered. Again, the petitioner submitted a representation dated 19.06.2024 seeking cancellation of above said certificate and issue new legal heirship certificate to the petitioner. The said representation was forwarded to the 3rd respondent by the 1st respondent in his Proceedings in e/f/vz;/c6-e-2183290-2024. ehs;: 29/07/2024. Thereafter, there is no progress in the enquiry. Therefore, the petitioner has come before this Court. 2/5

3. Mr.R.Neelakandan, learned Additional Advocate General appearing for the respondents would submit that as per the direction issued by the 1st respondent, the 3rd respondent issued notice to the petitioner and enquiry is pending on his file.

4. In view of the said statement made by the learned Additional Advocate General appearing for the respondents, this Court without going into the merits of the claim made by the petitioner, is inclined to direct the 3rd respondent to issue a fresh notice to the petitioner and petitioner's elder sister-Gayathri, who said to have obtained Legal Heirship Certificate suppressing the name of the petitioner and conduct enquiry and pass final orders on its own merits and in accordance with law, within a period of twelve weeks from the date of receipt of copy of this order.

5. With the above direction, the Writ Petition stands disposed of. No costs. Consequently, the connected writ miscellaneous petition is closed. 12.12.2024 Index : Yes/No Speaking order:Yes/No dm 3/5

To 1.The District Collector, Office of the District Collector, Chennai.

2.The Tahsildar Mambalam Taluk, Chennai.

3.The Revenue Divisional Officer, South Chennai Division, Chennai.

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S.SOUNTHAR, J.

dm 12.12.2024 5/5