Manikkammal v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Manikkammal ... Petitioner Vs.
1.The Revenue Divisional Officer, Kulithalai, Karur District.
2.The Tahsildar, Taluk Office, Kulithalai, Karur District.
... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to issue Legal Heirs Certificate to the legal heirs of petitioner's father Veerayasilai, S/o.Ayinan, who died on 25.01.2010 and her brother V.Karuppan, S/o.Veerayasilai, who was unmarried and died on 05.10.1984.
For Petitioner : Mr.R.Murugappan For Respondents : Mrs.S.Jeyapriya Government Advocate
O R D E R
*********** This writ petition has been filed for a Mandamus seeking for a direction to the respondents to issue Legal Heir Certificate to the legal heirs of petitioner's father Veerayasilai, S/o.Ayinan, who died on 25.01.2010 and her brother V.Karuppan, S/o.Veerayasilai, who was unmarried and died on 05.10.1984, based on the petitioner's representation dated 28.09.2021, within a time frame to be fixed by this Court.
2.The petitioner claims that her father Veerayasilai died on 25.01.2010 and her brother Karuppan died as a bachelor on 05.10.1984. The petitioner has produced the death certificate of Veerayasilai and Karuppan. She has submitted an online application on 19.09.2020, seeking for issuance of legal heirship certificate for her father Veerayasilai and her brother Karuppan. She has also sent a representation to the respondents on 28.09.2021. Since the said representation has not been considered till date, the 1/3
petitioner has filed this writ petition.
3.Heard Mr.R.Murugappan, learned Counsel for the writ petitioner and Mrs.S.Jeyapriya, learned Government Advocate who accepts notice on behalf of the respondents.
4.It is brought to the notice of this Court by the learned Government Advocate appearing for the respondents that the proceedings are pending on the file of the first respondent. 5.No prejudice would be caused to the first respondent if the petitioner's application seeking for issuance of legal heirship certificate for her father Veerayasilai and her brother Karuppan is considered on merits and in accordance with law after affording a fair hearing to the petitioner and other legal heirs of the respective deceased as well as any other necessary party whom the first respondent deems fit to enquire.
6.Accordingly, this Court directs the first respondent to pass final orders on the petitioner's application dated 19.09.2020 seeking for issuance of legal heirship certificate for her father Veerayasilai and her brother Karuppan within a period of twelve [12] weeks from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner including granting her the right of personal hearing and affording a fair hearing to all the legal heirs of the respective deceased as well as any other necessary party whom the first respondent deems fit to enquire. 7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar(AE) // True Copy // / /2022 Sub Assistant Registrar(CS) MR 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.
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To 1.The Revenue Divisional Officer, Kulithalai, Karur District.
2.The Tahsildar, Taluk Office, Kulithalai, Karur District.
+1 CC to M/s.SPL GP ( SR-12730[F] dated 17/03/2022 ) +1 CC to M/s.R.MURUGAPPAN, Advocate ( SR-12642[F] dated 17/03/2022 ) ORDER MADE IN 15.03.2022 ck(CO) TR(24.03.2022) 3P 5C 3/3