Madras High CourtWP(MD)/3637/2021disposed of

Rajalakshmi.K v. The Tahsildar

2024-03-12Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR K.Rajalakshmi ... Petitioner Vs.

The Tahsildar, Taluk Office, Thirupparankundram Taluk @ Tirunagar, Tirunagar, Madurai - 625 005.

... Respondent 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 in the impugned proceedings in Na.ka. No.1859/2019/F1, dated 12.06.2019 and quash the same and consequently, issue legal heir certificate.

For Petitioner : Mr.S.Sankar For Respondents : M/s.K.Christy Theboral, Additional Government Pleader.

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O R D E R

The Writ Petition has been filed seeking a Writ of certiorarified Mandamus, to call for the records in the impugned proceedings in Na.ka. No.1859/2019/F1, dated 12.06.2019 and quash the same and consequently, issue legal heir certificate.

2. It is pertinent to note that the Government following the judgment of the Hon'ble full Bench in the case of P.Venkatacalam and others Vs. The Tahsildar, Kumarapalayam Taluk, Namakkal District and others reported in 2022(4) CTC 1, had issued the Government Order in G.O.Ms.478, dated 29.09.2022, wherein the legal heirship certificate of the deceased in case of unmarried person will include the following persons :

(i) father of the deceased ;

(ii) mother of the deceased;

(iii) brother(s) of the deceased ;

(iv) sister(s) of the deceased.

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3. In the case on hand, since the writ petitioner comes under the category of sister(s) of the deceased, as per Government Order above referred, she is certainly entitled to get legal heirship certificate. Hence, the respondent is hereby directed to issue legal heirship certificate in terms of G.O.Ms.478, dated 29.09.2022, within a period of three weeks from the date of receipt of copy of this order.

4. With the above direction, the Writ Petition is disposed of. No costs.

12.03.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No das To The Tahsildar, Taluk Office, Thirupparankundram Taluk @ Tirunagar, Tirunagar, Madurai - 625 005.

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K.MURALI SHANKAR, J das Order made in Dated : 12.03.2024 4/4