Annamalai v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.35984 of 2024 Annamalai

...Petitioner

Vs.

1. The District Collector O/o.District Collectorate Office Chengalpattu District.

2. The Tahsildar O/o.Tahsildar Office Tambaram Chengalpattu District.

3. Nancy

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to consider the representation dated 28.10.2024 with respect of cancellation of Legal heirship certificate to the third respondent, Nancy illegally obtained by forgery documents with the 2nd respondent.

For Petitioner : Mr.R.Srinivasa Rao 1/4

For Respondents 1 & 2 : Mr.R.Neelakandan Additional Advocate General Assisted by Mr.S.Balamurugan Government Advocate

O R D E R

The petitioner herein seeks a direction to respondents 1 and 2 to consider his representation dated 28.10.2024 seeking cancellation of legal heirship certificate issued to the 3rd respondent.

2. It is the case of the petitioner that he is the President of New Sabai Visuvasigal Trust. Originally, pastor Victor Dharmaraj was incharge of the affairs of the said trust. He died on 27.11.2017 without any issues. The 3rd respondent claiming herself as adopted daughter of the said pastor obtained legal heirship certificate from the 2nd respondent and making an attempt to disturb the affairs of the trust. Therefore, the petitioner submitted a representation on 28.10.2024 before the respondents 1 and 2 seeking cancellation of legal heirship certificate issued in favour of 3rd respondent and the same has not been considered. Hence, the petitioner is before this Court.

3. Mr.R.Neelakandan, learned Additional Advocate General assisted by 2/4

Mr.S.Balamurugan, learned Government Advocate, takes notice for the respondents 1 and 2, on written instructions, submits that 2nd respondent issued enquiry notice dated 30.11.2024 vide RC.No.4409/2024/A2 to the petitioner and the 3rd respondent fixing the enquiry date as 13.12.2024.

4. In view of the said statement made by the learned Additional Advocate General for the respondents 1 and 2, the 2nd respondent is directed to complete the enquiry and pass final orders on merits within a period of eight weeks from the date of receipt of copy of this order after affording reasonable opportunity to the petitioner and the 3rd respondent.

5. With the above directions, the writ petition stands disposed of. No costs.

02.12.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr S.SOUNTHAR , J.

nr 3/4

To

1. The District Collector O/o.District Collectorate Office Chengalpattu District.

2. The Tahsildar O/o.Tahsildar Office Tambaram Chengalpattu District.

W.P No.35984 of 2024 02.12.2024 4/4