Madras High CourtWP(MD)/2427/2019allowed

R.Lakshmi, v. The Tahsildar,

2019-02-06Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.2427 of 2019 R.Lakshmi ... Petitioner Vs.

The Tahsildar, Kovilpatti Taluk, Kovilpatti, Thoothukudi.

... Respondent PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the respondent bearing O.Mu.A1/4403/2018 dated 28.10.2018 and quash the same, consequently direct the respondent to issue legal heir certificate as per law.

For Petitioner : Mr.S.Siva Ilayaraja For Respondent : Mr.Karuppasamy, Government Advocate

ORDER

Heard the learned counsel on either side.

2.The petitioner's husband Radhakrishan passed away on 19.08.2018. The petitioner applied to the respondent for issuance of a legal heir certificate. In her application, the petitioner fairly stated that Radhakrishnan originally married one Rengammal who passed away in the year 1965. The said Radhakrishnan married the petitioner two years thereafter. Through both the wives, Radhakrishnan had children. In fact, one of the sons of Radhakrishnan is no more. In these circumstances, there is no rival claim. The respondent need not have any difficulty in issuing the legal heir certificate as sought for. 3.Therefore, the respondent is directed to issue a legal heir certificate as sought for by the petitioner. Such certificate shall be issued within a period of two weeks from the date of receipt of a copy of this order.

https://hcservices.ecourts.gov.in/hcservices/

4.This writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (w) // True Copy // Sub Assistant Registrar(CS) To The Tahsildar, Kovilpatti Taluk, Kovilpatti, Thoothukudi.

+1 CC to M/s.SPL GP ( SR-45364[F] dated 07/02/2019 ) +1 CC to M/s.S.SIVA ILAYARAJA, Advocate ( SR-45838[F] dated 08/02/2019 ) skm WP(MD)No.2427 of 2019 06.02.2019 KM/(19.03.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/