Subbiah v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 18.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.1871 of 2022 Subbiah ..Petitioner Vs 1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Peraiyur Taluk, Madurai District.

..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in O.Mu.No.6240/2016/A2, dated 5.10.2016, on the file of the second respondent and to quash the same as illegal and consequently to direct the second respondent to issue legal heir certificate of the Petitioner's father Periasamy. For Petitioner :Mr.R.Venkatesan For Respondents:Mr.D.Gandhiraj 1 and 2 Special Govt.Pleader

ORDER

This Writ Petition is filed seeking issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in

O.Mu.No.6240/2016/A2, dated 5.10.2016, on the file of the second respondent and to quash the same as illegal and consequently to direct the second respondent to issue legal heir certificate of the Petitioner's father Periasamy.

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

3.The case of the Petitioner is that the Petitioner's mother Karingi Ammal is the second wife of the Petitioner's father Periasamy and the Petitioner's wife is Kallingiyammal, daughter of his father's first wife Nagammal. The said Nagammal died on 25.2.1985 and Kallingiyammal died on 15.4.2017 and his mother died on 19.1.1984.The Petitioner is having two sisters and two brothers and his elder brother Periasamy died on 19.9.1997 and his second brother Nagraj died on 13.7.2006 and his younger sister Nagammal died on 12.3.2004 and his elder sister Karingi Ammal is living at Uthapuram.The Petitioner made a representation on 21.6.2016 to the second respondent seeking legal heir certificate and the same was rejected on 5.10.2016 to approach the Court. Hence the Petitioner has filed this Writ Petition for the relief stated supra. 4.On the above facts and circumstances, this Court, without going into the merits of the matter, directs the second respondent to consider

the representation of the Petitioner, dated 21.6.2016 on production of relevant documents in support of his claim and pass appropriate orders following the guidelines issued by the Government in respect of issuance of legal heirship certificate, within a period of 12 weeks from the date of receipt of a copy of this order.

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

18.11.2022 Index : Yes/No Internet:Yes/No vsn To 1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Peraiyur Taluk, Madurai District.

V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.1871 of 2022 18.11.2022