Jayalakshmi v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.26261 of 2018 and W.M.P.No.30509 of 2018 Jayalakshmi ... Petitioner Vs 1.The Tahsildar, Ponneri Taluk, Thiruvallur District.

2.Dilli 3.Shanthi ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the records in Na.Ka.No.3625/2018/A6 dated 25.09.2018 on the file of the first respondent and quash the same and direct the first respondent not to deal with the Legal Heir Ship Certificate issued to the petitioner in Ta.Pa.No.K.Dis.2254/14/B3 dated 05.03.2014.

For Petitioner : Mr.S.Veeraraghavan For Respondents : Mr.J.Ramesh, Additional Government Pleader

O R D E R

By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner has come up with this writ petition to call for the records in Na.Ka.No.3625/2018/A6 dated 25.09.2018 on the file of the first respondent and quash the same and for consequential relief.

3. During the course of arguments, the learned counsel for the petitioner submitted that the petitioner is not inclined to appear before the first respondent, who is conducting an enquiry on the basis of a representation submitted by the second and third respondents for issuing legal heir certificate claiming https://hcservices.ecourts.gov.in/hcservices/

that they are the legal heirs of Late.Muninatha Raja.

4. Such stand taken by the petitioner cannot be countenanced for the reason that what is proposed to be conducted is only an enquiry on the basis of the representation made by the second and third respondents. If the petitioner has reasons to object, the same is to be placed before the first respondent so as to pass appropriate orders either by accepting the claim of the second and third respondents or by negating the same. Hence, this Court is not inclined to grant any relief to the petitioner, who expressed her desire not to appear before the first respondent.

5. In the result, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar gsk To The Tahsildar, Ponneri Taluk, Thiruvallur District.

+1cc to Mr.S.Veeraraghavan, Advocate, S.R.No. 69020 +1cc to the Government Pleader, S.R.No. 69164 W.P.No.26261 of 2018 KS(CO) GN(22/11/2018) https://hcservices.ecourts.gov.in/hcservices/