Madras High CourtWP/29880/2018disposed of

Dr.Kamala Govindarajan v. The Principal Secretary

2018-12-11Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.12.2018

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.29880 of 2018 Dr.Kamala Govindarajan, Ph.D., .. Petitioner Vs.

1. The Principal Secretary, Commissioner of Revenue Administration, Disaster Management and Mitigation Department, Chepauk, Chennai - 600 005.

2. The Tahsildar, Guindy Taluk, 69/40, Anna Salai, Little Mount, Guindy, Chennai - 600 032. .. Respondents PRAYER : Writ Petitions filed Under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the order dated 29.08.2018 passed by respondent No.2 herein in his proceeding in Letter No.Na.Ka(E1)/1569/2017 and quash the same as being illegal, ultra vires and untenable and consequently, direct the respondent No.2 herein to accept the physical application for grant of legal heir certificate, and grant legal heir certificates in respect of (Late) Mr.R.Parthasarathy and (Late) Miss.Bama Rajagopalan in accordance with law. For Petitioner : M/s.Bharadwaj & Co.

For Respondents : Mr.V.Shanmugasundar, Special Government Pleader

O R D E R

The petitioner has come up with this Writ Petition to call for the records relating to the order dated 29.08.2018 passed by the second respondent in his proceeding in Letter No.Na.Ka(E1)/ 1569/2017 and quash the same as being illegal, ultra vires and untenable and consequently, to direct the second respondent to accept the physical application for grant of legal heir certificate, and grant legal heir certificates in respect of (Late) Mr.R.Parthasarathy and (Late) Miss.Bama Rajagopalan in accordance with law.

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2. Heard, the learned counsel appearing for the petitioner as well as learned Special Government Pleader appearing for the respondents.

3. The Deputy Tahsildar is present in the Court. Though the impugned order dated 29.08.2018 states that already Spot Inspection and enquiry had been conducted, as per the request of the learned Special Government Pleader, the petitioner may submit herself before the authorities on 20.12.2018 for enquiry. After enquiry, the second respondent is directed to pass appropriate order/issue legal heir certificate based on the enquiry. Considering the age of the petitioner, the enquiry may be completed on the specific date and time fixed.

4. With the above directions, this writ petition is disposed of. No costs.

5. Post 'for compliance' on 21.12.2018.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rsi To 1.The Principal Secretary, Commissioner of Revenue Administration, Disaster Management and Mitigation Department, Chepauk, Chennai - 600 005.

2.The Tahsildar, Guindy Taluk, 69/40, Anna Salai, Little Mount, Guindy, Chennai - 600 032.

W.P.No.29880 of 2018 GP(CO) rrs 14/12/2018 https://hcservices.ecourts.gov.in/hcservices/