Vazhavandhal Palu v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2024

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Vazhavandhal Palu ... Petitioner vs.

1.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

2.The Tahsildar, Tahsildar Office, Paramakudi, Ramanathapuram District.

3.The Village Administrative Officer, Village Administrative Office, Sevvoor, Paramakudi Taluk, Ramanathapuram District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents to issue the legal heir certificate of the petitioner's father deceased Kalimuthan, based on the petitioner's representation dated 27.11.2023 and 23.01.2024 within a time frame stipulated by this Court. 1/5

For Petitioner : Mr.H.Mohamed Hussain For Respondents : Mr.A.Kannan Additional Government Pleader

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents to issue legal heir certificate of the petitioner's father deceased Kalimuthan, based on the petitioner's representation dated 27.11.2023 and 23.01.2024.

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

3. According to the petitioner, her father Kalimuthan died in the year 1960, leaving behind her mother and two children viz., Ayyakannu and Vazhavandhai Palu, the petitioner herein. Due to lack of knowledge, they did not apply for the death certificate. In the circumstances, her mother also died on 23.10.2004. While so, in order to divide the family property, he has applied for legal heir certificate on 28.02.2022. But the same was rejected stating that they required to submit the death certificate of his father. Hence, she has sent a representation to the 2/5

respondents 2 and 3 with relevant documents on 27.11.2023, seeking legal heir certificate in her father's name. But no effective steps have been taken. Hence, she sent another representation to the first respondent on 23.01.2024. Since the said representation has not been considered so far, the petitioner has filed the present writ petition.

4. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents.

5. Considering the above said facts, this Court directs the petitioner to approach the competent authority, who will issue death certificate, within a period of one week from the date of receipt of a copy of this order. On receipt of the application, the authority concerned shall consider the same and pass appropriate orders, on merits and in accordance with law.

6. With the above directions, this Writ Petition is disposed of. No costs.

08.02.2024 akv 3/5

To 1.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

2.The Tahsildar, Tahsildar Office, Paramakudi, Ramanathapuram District.

3.The Village Administrative Officer, Village Administrative Office, Sevvoor, Paramakudi Taluk, Ramanathapuram District.

4/5

V.BHAVANI SUBBAROYAN ,J.

akv 08.02.2024 5/5