Madras High CourtWP(MD)/5039/2020disposed of

R.Karthik v. The District Collector

2020-03-10Honourable Mr Justice C.V. Karthikeyan2 pages

W.P(MD)No.5039 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD)No.5039 of 2020 R.Karthik ... Petitioner Vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

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

3.The Tahsildar, Kamuthi Taluk, Kamuthi, Ramanathapuram District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the third respondent to consider the representation dated 21.02.2020 within a time frame fixed by this Court.

For Petitioner : Mr.V.Muniasamy For Respondents : Mrs.J.Padmavathi Devi Special Government Pleader

ORDER

The petitioner viz., R.Karthik has filed the present writ petition in the nature of mandamus, seeking a direction to the third respondent, Tahsildar, Kumuthi Taluk in Ramanathapuram District to consider the representation given by his Advocate namely, V.Muniasamy, dated 21.02.2020.

2.By consent of both sides, the writ petition is taken up for final disposal at the stage of admission itself. 3.In the affidavit filed in support of this writ petition, it had been stated that the elder brother of the present petitioner, by name R.Sathyendran was serving as a Police Constable Grade II, Tamil Nadu Police since 13.02.2013 in Armed Reserve Police, Ramanathapuram. Unfortunately, on 03.02.2014, he died in road accident at Kannangudi. It is claimed that Sathyendran, aged about https://hcservices.ecourts.gov.in/hcservices/ 1/4

W.P(MD)No.5039 of 2020 27 years, died as a bachelor. Placing reliance on the Government Order vide letter No.11379/Q:1/2019 dated 26.06.2019, the petitioner had given a representation through his counsel seeking employment on compassionate basis. However, prior to that, he must establish himself as legal heir. For that purpose, he sought legal heirship certificate.

4.In view of these facts, a Mandamus is issued to the third respondent to primarily examine whether the petitioner is entitled for getting a legal heirship certificate, after issuing notice on him. At any rate, the exercise shall be completed on or before 30.04.2020.

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

Sd/- Assistant Registrar (CSII) // True Copy // / /2020 Sub Assistant Registrar(CS) rmk To 1.The District Collector, Ramanathapuram District, Ramanathapuram.

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

3.The Tahsildar, Kamuthi Taluk, Kamuthi, Ramanathapuram District.

+1 CC to M/s.V.MUNIASAMY, Advocate ( SR-10730[F] dated 10/03/2020 ) +1 CC to M/s.SPL.GP ( SR-11102[F] dated 11/03/2020 ) W.P(MD)No.5039 of 2020 10.03.2020 KB(17/03/2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/4