Madras High CourtWP(MD)/413/2021disposed of

Kannan.P v. The District Collector

2021-11-12Honourable Mr Justice C.V. Karthikeyan2 pages

W.P.(MD)No.413 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.413 of 2021 P.Kannan ... Petitioner vs.

1.The District Collector, Collectorate, Dindigul District.

2.The Tahsildar, Taluk Office, Pallapatti, Dindigul District.

3.The Village Administrative Officer, Office of Village Administrative Officer, Pallapatti, Dindigul District.

4.Asiammal ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the second respondent to consider the representation, dated 04.12.2021 made by the petitioner for issuing legal heir certificate within a stipulated time.

For Petitioner :Mr.K.S.Durai Pandian For R1 to R3 :Mr.D.Gandhiraj Special Government Pleader For R4 :Mr.S.S.Sundarapandian

O R D E R

This Writ Petition is filed in the nature of Mandamus seeking a direction against the second respondent to consider the representation, dated 04.12.2021 made by the petitioner for issuing legal heir certificate.

2.Heard Mr.K.S.Durai Pandian, learned Counsel for the petitioner, Mr.D.Gandhiraj, learned Special Government Pleader for R1 to R3 and Mr.S.S.Sundarapandian, learned Counsel for the fourth respondent.

3.The petitioner is the son of the second wife of Periyasamy, who died on 09.10.2018. The said Periyasamy, had two wives, and the first wife is shown as the fourth respondent herein. The petitioner https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.413 of 2021 now claims legal heirship certificate for Periyasamy. In this connection, the petitioner had given a representation to the competent authority/the Tahsildar, Taluk Office, Pallapatti, Dindigul District. Since no steps have been taken, the present Writ Petition has been filed.

4.A direction is issued to the second respondent/the Tahsildar, Taluk Office, Pallapatti, Dindigul District, to enquire the petitioner herein and get the details of surviving legal heirs of Periyasamy and also enquire the first wife/Asaiamal and also enquire the second wife/Backiyalakshmi and determine the children of Periyasamy and thereafter, issue a legal heirship certificate in accordance with law. The petitioner may give a fresh representation in this regard on or before 03.12.2021. On receipt of such representation, the Tahsildar may conduct necessary enquiry and issue legal heirship certificate on or before 15.01.2022. 5.With the said observation, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) cmr To 1.The District Collector, Collectorate, Dindigul District.

2.The Tahsildar, Taluk Office Pallapatti, Dindigul District.

3.The Village Administrative Officer, Office of Village Administrative Officer, Pallapatti, Dindigul District.

+1 CC to M/s.SPL GP ( SR-34442[F] dated 15/11/2021 ) W.P.(MD)No.413 of 2021 12.11.2021 DKS(CO) KB(22.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2