Madras High CourtWP(MD)/1313/2020allowed

Veerammal v. The District Collector

2020-02-20Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)NO.1313 OF 2020 Veerammal :Petitioner .vs.

1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Madurai East, Madurai.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the application No.TN7201911181808, dated 18.11.2019 passed by the second respondent and to quash the same as illegal and consequently to direct the second respondent to issue the legal heirship certificate to the Petitioner in accordance with law within the time stipulated by this Court.

For Petitioner :Mr.Babu Rajendran For Respondents :Mr.M.Murugan, 1 and 2 Govt.Advocate

O R D E R

This Writ Petition has been filed seeking to quash the order passed in the Petitioner's application No.TN7201911181808, dated 18.11.2019 by the second respondent as illegal and consequently to direct the second respondent to issue the legal heirship certificate to the Petitioner in accordance with law within the time stipulated by this Court.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.The learned Government Advocate appearing for the respondents 1 and 2, upon instructions, submitted that more than 8 legal heirs have been shown in the application submitted by the Petitioner, but, the same has been rejected mechanically without proper enquiry by the Village Administrative Officer and the Tahsildar concerned. 4.In view of the above submission, the impugned order passed in the Petitioner's application No.TN7201911181808, dated 18.11.2019 is set aside and the second respondent/The Tahsildar, Madurai East, Madurai is directed to complete the enquiry on the subject-matter in issue and issue a fresh Legal Heirship Certificate to the Petitioner https://hcservices.ecourts.gov.in/hcservices/ 1/2

based on the above said application, within a period of eight weeks from the date of receipt of a copy of this order. 5.With the above direction, the Writ Petition is allowed. No costs.

6.Post the mater under the caption ''for reporting compliance'' on 29.04.2020.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) vsn To 1.The District Collector, Madurai District,Madurai.

2.The Tahsildar, Madurai East,Madurai.

+1 CC to M/s.BABU RAJENDRAN, Advocate ( SR-7405[F] +1 CC to M/s.SPL.GP ( SR-7529[F] dated 21/02/2020 ) 0RDER MADE IN W.P(MD)No.1313 of 2020 20.02.2020 SMA/28/02/2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2