S.Parthasarathy v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :13.12.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR S.Parthasarathy ..... petitioner Vs.

1.The Revenue Divisional Officer, Sub Collector Office Complex, Government Gardens, Thirupattur - 635 601.

2.The Tahsildar, Tirupattur Taluk, Tirupattur District.

3.S.Shanthi 4.S.Vijayalakshmi 5.S.Varalakshmi 6.V.Durgadevi 7.Sathyanarayanan 8.Sasikala ..... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to dispose of his appeal dated 24.10.2024 and issue direction to the 2nd respondent for issuance of fresh legal heir certificate including his name. 1/6

For petitioner : Mr.D.Suryanarayanan For Respondents :Mr.R.Neelakandan Additional Advocate General assisted by Mr.V.Ramesh Government Advocate for R1 and R2

O R D E R

This writ petition is filed seeking a direction to the first respondent to dispose of his appeal dated 24.10.2024.

2. It is the case of the petitioner that he is the adopted son of Mathurammal and Sundarajan and the adoption had taken place in the year 1956. The petitioner's adopted mother died on 22.11.2009. The second respondent issued a legal heirship certificate mentioning the other legalheirs of Mathurammal, omitting the name of the petitioner. Therefore, the petitioner submitted a representation before the second respondent, seeking issue of fresh legal heirship certificate including the petitioner's name. The said representation was rejected by the second respondent on 22.11.2022. 2/6

Aggrieved by the same, the petitioner filed an appeal before the first respondent on 24.10.2024. The second respondent has not considered the same, hence the petitioner has come before this Court.

3. Mr.R.Neelakandan, learned Additional Advocate General assisted by Mr.V.Ramesh, learned Government Advocate appearing for the respondents 1 and 2 would submit that the appeal filed by the petitioner will be considered in accordance with law.

4. In view of the same, without going into the merits of the claim made by the petitioner, the first respondent is directed to consider the appeal filed by the petitioner on 24.10.2024 and pass final orders on its own merits within a period of eight weeks from the date of receipt of copy of this order, after issuing notice to the petitioner and private respondents (respondents 3 to 8).

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5. Accordingly, this writ petition is disposed of. No costs. 13.12.2024 Index : Yes/No Speaking order:Yes/No ub 4/6

To 1.The Revenue Divisional Officer, Sub Collector Office Complex, Government Gardens, Thirupattur - 635 601.

2.The Tahsildar, Tirupattur Taluk, Tirupattur District.

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S.SOUNTHAR, J.

ub 13.12.2024 6/6