Madras High CourtWP(MD)/3341/2022disposed of

Atchiyammal .V v. The Revenue Divisional Officer

2022-02-22Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.3341 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.3341 of 2022 V.Atchiyammal ... Petitioner /Vs./ 1.The Revenue Divisional Officer, Revenue Divisional Office, Madurai.

2.The Thasildar, Vadipatti Taluk, Madurai.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to issue legal heir certificate based on the order of the 1st respondent dated 02.05.2018.

For Petitioner : Mr.Muruga Boopathy For Respondents : Mr.M.Lingadurai, Special Government Pleader.

ORDER

This writ petition has been filed for a Mandamus, seeking for a direction to the second respondent to issue legal heirship certificate based on the order of the first respondent dated 02.05.2018 within a timeframe to be fixed by this Court. 2.It is the case of the petitioner that the first respondent, by his order dated 02.05.2018, has recommended issuance of legal heirship certificate disclosing the names of (a) Veerapandi (late) (b) Chinnaraj (c) Rani as the legal heirs of the deceased Lakshmi. However, despite recommendation issued by the first respondent, by his letter dated 02.05.2018, till date, legal heirship certificate has not been issued in terms of the said recommendation. In such circumstances, the petitioner has filed this writ petition. 3.Heard Mr.Muruga Boopathy, learned counsel appearing for the petitioner and Mr.M.

Lingadurai, learned Special Government Pleader who accepts notice on behalf of the respondents. 4.No prejudice would be caused to the respondents, if the order dated 02.05.2018 passed by the first respondent referred to supra is implemented, after affording a fair hearing to the petitioner and other rival claimants, if any, within a timeframe to be fixed by this Court.

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W.P.[MD]No.3341 of 2022 5.Accordingly, this Court directs the second respondent to pass final orders, after giving due consideration to the recommendation made by the first respondent in his letter dated 02.05.2018 and issue legal heirship certificate thereafter, after affording a fair hearing to the petitioner and other rival claimants, if any, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6.With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) sm 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 Revenue Divisional Officer, Revenue Divisional Office, Madurai.

2.The Thasildar, Vadipatti Taluk, Madurai.

+1 CC to M/s.SPL GP ( SR-8336[F] dated 24/02/2022 ) W.P.[MD]No.3341 of 2022 22.02.2022 MGJ(08.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2