Nallammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Nallammal ... Petitioner -Vs1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Madurai District, Madurai.

3.The Tahsildar, Madurai North Taluk, Madurai District.

4.Kavitharani ... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents to issue the fresh legal heir certificate to the petitioner, on the basis of the petitioner's representation dated 07.06.2023 within time frame stipulated by this Court.

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For Petitioner : Mr.P.Krishnasamy For Respondents : Mr.P.Thambidurai Government Advocate for R1 to R3

ORDER

This writ petition is filed seeking for issuance of a Writ of Mandamus to direct the official respondents to issue the fresh legal heir certificate to the petitioner, on the basis of the petitioner's representation dated 07.06.2023 within the stipulated time.

2. Mr.P.Thambidurai, learned Government Advocate takes notice for the respondents 1 to 3. Considering the nature of the order proposed to be passed, protecting the interest of the fourth respondent, notice to her is dispensed with. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The learned counsel for the petitioner would submit that the petitioner has given a representation to the respondents 1 to 3 for issuance of the fresh legal heirs certificate. Since the said representation is pending, the petitioner has come before this Court. He would further submit that it would suffice if the representation of the petitioner is disposed of by the 2/5

official respondents, on merits and in accordance with law within the time stipulated by this Court.

4. The learned Government Advocate appearing for the official respondents would submit that the representation of the petitioner and other appropriate documents will be considered in accordance with law.

5. In view of the above, without going into the merits of the claim made by the petitioner in this Writ Petition, the respondents 1 to 3 are directed to pass appropriate orders on the representation of the petitioner, dated 07.06.2023, on merits and in accordance with law, after giving notice to the interested parties, if any, within a period of fourteen (14) weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition stands disposed of. No costs.

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To 1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Madurai District, Madurai.

3.The Tahsildar, Madurai North Taluk, Madurai District.

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V.BHAVANI SUBBAROYAN, J.

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