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Madras High CourtWP/34301/2019allowed

Kalyani v. The District Collector,

2020-01-06Honourable Mr Justice C.V. Karthikeyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.01.2020

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No.34301 of 2019 Kalyani .. Petitioner ..Vs..

1.The District Collector, Namakkal District, Namakkal.

2.Thasildar, Rasipuram Taluk Office, Namakkal District.

.. Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to issue the legal heir certificate of the petitioner husband died on 10.08.2018 in accordance with by pursuant to the petitioner representation dated 15.10.2019.

For Petitioner : Mr.R.Ramachandran For Respondents : Mr.N.Inbanathan Additional Government Pleader

O R D E R

The petitioner has filed the present Writ Petition for issuance of a Writ of Mandamus, directing the second respondent to issue the legal heir certificate to the petitioner on the demise of her husband on 10.08.2018 in accordance with law in pursuant to the petitioner's representation dated 15.10.2019. 2.The case of the petitioner is that her husband unfortunately died on 10.08.2018. She belongs to S.C. community and she is working as a coolie on daily basis. She has got three children namely Shanmugi, Sathish and Tamilselvan aged about 22 years, 19 years, 17 years respectively. After her husband's death the petitioner, to obtain legal heir certificate, https://hcservices.ecourts.gov.in/hcservices/

approached the second respondent on several occasions. Even then, the second respondent/Thasildar refused to give a legal heir certificate. In this connection, the petitioner had sent a representation dated 15.10.2019 to the second respondent. Till date, her representation has not been considered by the second respondent. Hence, the present writ petition is filed. 3.Heard both sides.

4.Considering the facts and circumstance of this case, this Court directs the second respondent/Thasildar to issue a legal heir certificate to the petitioner and to her three children namely Shanmugi, Sathish and Tamilselvan respectively on or before 31.01.2020.

5.Accordingly, the Writ Petition is allowed. No Costs. Sd/- Assistant Registrar(JJ Act) // True Copy// Sub Assistant Registrar tta To 1.The District Collector, Namakkal District, Namakkal.

2.Thasildar, Rasipuram Taluk Office, Namakkal District.

+1cc to Government Pleader, SR.No.1924.

W.P.No.34301 of 2019 LN(CO) CSR: 28/01/2020 https://hcservices.ecourts.gov.in/hcservices/