Madras High CourtWP(MD)/8153/2018disposed of

Subramanian v. The District Collectior

2018-04-16Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.8153 of 2018 Subramanian ... Petitioner vs.

1. The District Collector O/o.District Collector Office Sivagangai District

2. The Tahsildar O/o.Tahsildar Office Karaikudi Sivagangai District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 12.03.2018 to give legal heir certificate of late.Avanishilingam with a stipulated time.

For Petitioner :

Mr.J.Prabhu For Respondents :

Mr.S.Nagarajan Special Government Pleader

O R D E R

Mr.S.Nagarajan, learned Special Government Pleader, takes notice for the respondents.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3.

It is the grievance of the petitioner that his representation dated 12.03.2018, seeking for issuance of a legal heir certificate of Late.Avanishilingam, has not been considered by the second respondent till date and therefore, he has filed the present writ petition.

4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to https://hcservices.ecourts.gov.in/hcservices/

dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the second respondent to consider the petitioner's representation dated 12.03.2018 on its own merits and take further action in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to all the persons, who may be interested in the subject matter.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Office of the District Collector Office, Sivagangai District.

2. The Tahsildar, Office of the Tahsildar Office, Karaikudi, Sivagangai District.

X +1cc to M/s. J.Prabhu Advocate in SR.NO.61431 krk MV:RSK:SAR3:26/04/2018/2P/4C W.P.(MD) No.8153 of 2018 16.04.2018 https://hcservices.ecourts.gov.in/hcservices/