Thiruvengadam v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.1620 of 2025 Thiruvengadam ... Petitioner Vs.

The Tahsildar, Srirangam Taluk, Trichy District.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 1st respondent in his proceedings Nil dated 23.10.2024 and quash the same as illegal consequently directing the respondent to consider the petitioner's application dated 23.10.2024 and issue legal heir certificate of petitioner's father, Parthasarathy. For Petitioner : Mr.T.Leninkumar For Respondent : Mr.T.Amjad Khan Government Advocate 1/4

ORDER

This writ petition is filed challenging the rejection of the application for issuance of legal heir certificate of the petitioner's father, Parthasarathy.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. Heard the learned counsel on either side and perused the materials placed before this Court.

4. The said rejection is made on the ground that the deceased person belonged to other state. However, the actual fact is that the deceased person was a native of Srirangam and he lastly served as District Judge, Madurai. He was residing with the petitioner at Bangalore during his last days, only because of the employment necessities of the petitioner. On that ground, the petitioner's application dated 23.10.2024 has been rejected without any application of mind.

5. In view of the above, the impugned order dated 23.10.2024 is hereby quashed and the matter is remanded back to the respondent for issuance of legal 2/4

heir certificate to the petitioner, after considering necessary documents in this regard, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition stands allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

28.01.2025 NCC : Yes / No Index : Yes / No Sm TO:- The Tahsildar, Srirangam Taluk, Trichy District.

3/4

L.VICTORIA GOWRI, J.

Sm Order made in Dated:

28.01.2025 4/4