Thiruvikkiraman v. The Tahsildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 33268 of 2019 Thiruvikkiraman ... Petitioner Vs.

The Tahsildar Office of the Tahsildar Melmalayanoor Taluk Villupuram District.

... Respondent Petition filed under Article 226 of the Constitution of India, for issue of Writ of Certiorarified Mandamus, set aside order dated 30.10.2019 passed by the Respondent in Na.Ka.No. 1/5092/2018 dated 30.10.2009 and directing the Respondent to issue the legal heir certificate to the Petitioner and his wife being the father and mother of deceased Sathishkumar. For Petitioner :

Mr. J. Kamaraj For Respondent :

Mr. M. Karthikeyan Additional Government Pleader

O R D E R

Heard Mr. J. Kamaraj, Learned Counsel for the Petitioner, Mr. M. Karthikeyan, Learned Additional Government Pleader, who takes notice for the Respondent and perused the materials placed on record, apart from the pleadings. 2.

It is pointed out by the Learned Additional Government Pleader appearing for the Respondents that the Petitioner has an effective alternative remedy for the relief sought by way of an appeal before the jurisdictional Revenue Divisional Officer as per clause 9 of the Circular No. 9 of 2019 dated 24.09.2019, issued by the Commissionarate of Revenue Administration and Disaster Management, Chepauk, Chennai 600 005, which reads as follows:- "9) Appeal Provision:- If any disputes arise on the legal heir certificate issued, an appeal petition shall be filed to the respective Revenue Divisional Officer within a period of one year from the date of issuance of the certificate."

https://hcservices.ecourts.gov.in/hcservices/

Learned Counsel for the Petitioner seeks permission of this Court to withdraw this Writ Petition with liberty to resort to the same and has made an endorsement to that effect, which is recorded.

3.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. No costs.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar maya To The Tahsildar Office of the Tahsildar Melmalayanoor Taluk Villupuram District.

+1cc to Mr.J.Kamaraj, Advocate, S.R.No. 100080 +1cc to the Government Pleader, S.R.No. 99941 W.P. No. 33268 of 2019 GP(CO) GN(03/01/2020) https://hcservices.ecourts.gov.in/hcservices/