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Madras High CourtWP/19088/2017disposed of

Tmt. S.Thiripura Sundari, v. The District Collector

2022-11-23Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 23/11/2022 C O R A M THE HONOURABLE Mr.JUSTICE N. SATHISH KUMAR S. Thiripura Sundari ...

Petitioner Vs

1. The District Collector Kancheepuram Kancheepuram District.

2. The Tahsildar Cheyyur Taluk Cheyyur Kancheepuram District.

3. Alamelu ...

Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the second respondent to receive the petitioner's application dated 14/6/2013 enquire into the same and pass orders on the claim of the petitioner for the issuance of Legal Heirship Certificate consequent on the death of the husband P.Selvaraj on 6/1/2013 by considering the petitioner's representation dated 20/11/2015. For Petitioner ...

Mr.G.Punniakotti Page No:1/4

For respondents ...

Mr.D.Gopal Government Advocate for R.R.1 and 2.

No appearance for R.3.

- - - - -

O R D E R

This writ petition has been filed to direct the second respondent to receive the petitioner's application dated 14/6/2013, enquire into the same and pass orders on the claim of the petitioner, for the issuance of Legal Heirship Certificate, on the death of the husband of the petitioner, on 6/1/2013, by considering the petitioner's representation dated 20/11/2015.

2. The case of the petitioner is that the petitioner being the second wife, gave birth to two children through her husband Selvaraj. When she applied for legal heirship certificate, on 8/3/2013, the same has not been considered and hence, instant writ petition has been filed.

3. Heard Mr.G.Punniakotti, learned counsel for the petitioner and Mr.D.Gopal, learned Government Advocate for the respondents 1 and 2. There is no representation on behalf of the third respondent.

4. Perused the materials available on record. Page No:2/4

5. Considering the fact that the application in the prescribed form was submitted to the Taluk office, on 14/6/2013, for the issuance of legal heirship certificate and also considering the fact that the same has not been considered, so far, petitioner is directed to give fresh application, to the second respondent, based on G.O.Ms.No.478 Finance (Pension) Department, dated 29/9/2022, Revenue Department. On such application being filed, the the second respondent is directed to consider the application of the petitioner and pass orders, on merits and in accordance with law.

6. With the above direction, this writ petition is disposed of. No costs. 23/11/2022 Index : Yes / No Internet: Yes Speaking/non speaking order mvs.

N. SATHISH KUMAR, J mvs.

Page No:3/4

To

1. The District Collector Kancheepuram Kancheepuram District.

2. The Tahsildar Cheyyur Taluk Cheyyur Kancheepuram District.

W.P.No.19088 of 2017 23/11/2022 Page No:4/4