Mr.Ramamurthy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Mr.Ramamurthy ..... Petitioner Vs.

1.The District Collector, Chengalput, Chengalput District.

2.The Sub Collector, Office of Chengalput, Chengalput District.

3.The Tahsildar, Taluk Office, Chengalput District.

..... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 2 and 3 herein to issue fresh legal heirs certificate based upon the representation dated 20.09.2024 vide Application No.TN7202409201761. For Petitioner : Mr.R.Ramesh 1/6

For Respondents :Mr.R.Neelakandan Additional Advocate General Assisted by Mr.V.Ramesh Government Advocate

O R D E R

The petitioner herein seeks a direction to the respondents 2 and 3 to issue fresh legal heirs certificate based upon the representation dated 20.09.2024 vide Application No.TN7202409201761.

2. It is the case of the petitioner that his father Ramachandran died on 22.01.2001. The petitioner is a son born to his father through his first wife viz., Anusya. It is also stated by the petitioner that his father has got another wife and three children were born through her. Earlier the respondents issued legal hership certificate in the name of second wife and the children without including the name of the petitioner. Therefore, the petitioner submitted instant representation on 27.09.2024, seeking cancellation of the legal heirship certificate issued in the name of the second wife and her children alone without including the name of the petitioner. The said representation has not been considered, hence the petitioner has come before this Court.

2/6

3. Mr.R.Neelakandan, learned Additional Advocate General appearing for the respondents on instructions would submit that the representation submitted by the petitioner will be considered on its own merits, after issuing notice to the interested parties. He also submitted that the petitioner has not produced any acknowledgment for having submitted representation.

4. In view of the same, without going into the merits of the claim made by the petitioner, the petitioner is directed to submit a fresh copy of the representation to the second respondent within a period of two weeks from the date of receipt of a copy of this order. The second respondent is directed to consider the fresh representation to be submitted by the petitioner and pass final orders on its own merits, after affording opportunity to the petitioner, the second wife of petitioner's father and her children within a period of twelve weeks from the date of receipt of such representation.

5. Accordingly, this writ petition is disposed of. No costs. 3/6

22.11.2024 Index : Yes/No Speaking order:Yes/No ub To 1.The District Collector, Chengalput, 4/6

Chengalput District.

2.The Sub Collector, Office of Chengalput, Chengalput District.

3.The Tahsildar, Taluk Office, Chengalput District.

S.SOUNTHAR, J.

ub 5/6

22.11.2024 6/6