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Madras High CourtWP(MD)/291/2025disposed of

A.Vijaya v. The District Revenue Officer

2025-01-07Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI A.Vijaya ... Petitioner Vs.

1.The District Revenue Officer, District Collectorate, Madurai - 625 020.

Madurai.

2.The Revenue Divisional Officer, District Collectorate Complex, Madurai - 625 020. Madurai.

3.The Tahsildar, Vadipatti Taluk, Vadipatti - 625 218, Madurai.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondents 1 to 3 to consider the petitioner's representation dated 27.08.2024 addressed to third respondent and appeal dated 05.10.2024 sent to 1st and 2nd respondents and accept the application of the petitioner seeking Legal Heirship Certificate waiving production of personal identification documents of other legal heirs and issue legal heirship certificate to the petitioner. 1/4

For Petitioner : Mr.R.Iyappan For Respondents : Mr.S.Kameswaran Government Advocate

ORDER

This writ petition has been filed seeking for a direction to the respondents to consider the petitioner's representation dated 27.08.2024 and the appeal dated 05.10.2024 before the second and third respondents respectively with respect to the application of the petitioner seeking legal heir certificate of his deceased father, namely G.Venkidasamy, who passed away on 18.02.2023.

2. Heard the learned counsel on either side.

3. The present procedure for making an application for legal heir certificate is that the same should be made online with all necessary documents, more particularly, their identification cards, family cards and the legal heir certificate of the deceased persons, if any.

4. The difficulty encountered by the petitioner is that she has a strained relationship with few of the surviving legal heirs of the deceased father. In the absence of all necessary documents, online application would be automatically 2/4

rejected and this is an automated system for issuance of legal heir certificate. Hence, the petitioner has come before this Court seeking to appreciate his application without insisting the family cards of two brothers of the petitioner.

5. The learned Government Advocate appearing for the respondents on instructions submitted that the petitioner may be directed to make a fresh application in offline mode.

6. Considering the said submission, this Court hereby direct the petitioner to make an application for issuance of legal heir certificate, forthwith in offline mode. On receipt of the same, the respondents are directed to consider the same after putting the petitioner and other surviving legal heirs of the deceased father of the petitioner, namely, G.Venkidasamy, on notice and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of the offline application.

7. With the above direction, this writ petition is disposed of. No costs. 07.01.2025 NCC : Yes / No Index : Yes / No 3/4

L.VICTORIA GOWRI, J.

Sm TO:- 1.The District Revenue Officer, District Collectorate, Madurai - 625 020.

Madurai.

2.The Revenue Divisional Officer, District Collectorate Complex, Madurai - 625 020. Madurai.

3.The Tahsildar, Vadipatti Taluk, Vadipatti - 625 218, Madurai.

Order made in Dated 07.01.2025 4/4