Geetha v. The District Collector
W.P.(MD).No.1840 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2022
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD).No.1840 of 2022 Geetha ... Petitioner Vs.
1.The District Collector, Madurai District.
2.The District Revenue Officer, Madurai District.
3.The Tahsildar, Madurai North Taluk, Madurai.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, by calling for the entire records relating to the rejection order passed by the third respondent to issue legal heirs certificate of the petitioner's mother in application number:TN7202108243807 dated 24.08.2021, quash the same as illegal and direct the third respondent to issue legal heirs certificate to the petitioner within the time stipulation as prescribed by this Court. For Petitioner : Mr.R.L.Dhilipan Pandian For Respondents : Mr.S.Kameswaran, Government Advocate.
ORDER
Mr.S.Kameswaran, learned Government Advocate, takes notice for the respondents.
2. The entire Writ Petition is misconceived and there has been suppression of vital facts. The petitioner claims that she applied for legal heirship certificate of her mother and the same was rejected. She claims that it had been rejected unlawfully.
3. However, in the application filed seeking legal heirship certificate, the petitioner had not mentioned about her father. That was the reason why it was rejected, wherein, the third respondent / the Tahsildar, Madurai North Taluk, Madurai, had stated https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD).No.1840 of 2022 that since the petitioner had applied omitting the name of her father in the application, the legal heirship certificate cannot be granted in the name of the petitioner alone.
4. I am not able to comprehend the reason as to why the petitioner had omitted the name of her father while seeking a legal heirship certificate of her mother, who had predeceased her father. No orders can be passed in the Writ Petition.
5. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. However, liberty is granted to the petitioner to apply afresh in proper form for the legal heirship certificate of her mother disclosing all the legal heirs, who have survived on the date when her mother died.
Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The District Collector, Madurai District.
2.The District Revenue Officer, Madurai District.
3.The Tahsildar, Madurai North Taluk, Madurai.
+1 CC to M/s.SPL.GP ( SR-3720[F] dated 02/02/2022 ) W.P.(MD).No.1840 of 2022 01.02.2022 RD(15.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2