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Madras High CourtWP(MD)/8004/2021disposed of

Ramasamy v. The Tahsildhar

2021-04-19Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD) No.8004 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD) No.8004 of 2021 and W.M.P.(MD) No.6105 of 2021 (Through Video Conference) Ramasamy

...Petitioner

Vs.

The Tahsildar, Tiruppathur Taluk, Tiruppathur, Sivagangai District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, directing the respondent to call for the records relating to the Impugned rejection order Transaction reference number TNPACPDK011198115 in application TN-720210310648 and quash the same as illegal and direct the respondent to issue legal heir certificate to the petitioner. For Petitioner : Mr.T.Kumar For Respondents : Mr.K.P.Narayanakumar Special Government Pleader ******

O R D E R

This Writ Petition has been filed challenging the rejection order made by the respondent in refusing to entertain the application filed by the petitioner seeking for Legal Heirship Certificate.

2. The case of the petitioner is that the petitioner's family consisted of his father, mother and his sister. The father of the petitioner died in the year 1969, the mother of the petitioner died in the year 1993 and the sister of the petitioner died in the year 2014. The petitioner made an application before the respondent with a self-declaration providing all the details and sought for a Legal Heirship Certificate.

3. The grievance of the petitioner is that the respondent refused to entertain the application only on the ground that the photo and identification proof of the deceased have not been annexed along with the application. Aggrieved by the same, the present writ petition has been filed before this Court.

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W.P.(MD) No.8004 of 2021

4. Heard Mr.T.Kumar, learned counsel for the petitioner and Mr.K.P.Narayanakumar, learned Special Government Pleader appearing for the respondent.

5. Taking into consideration the facts and circumstances of the case and also of the fact that the petitioner has provided all the relevant documents before the respondent, there shall be a direction to the petitioner to re-present his application along with the available identity proof of his father, mother and sister. On such re-presentation, the respondent is directed to deal with the application and issue a Legal Heirship Certificate within a period of four (04) weeks from the date of receipt of the application from the petitioner.

6.This Writ petition is disposed of with the above direction. No costs. Consequently, connected W.M.P.(MD) No.6105 of 2021 is closed.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.

sts To:

The Tahsildar, Tiruppathur Taluk, Tiruppathur, Sivagangai District.

+1 CC to M/s.SPL GP ( SR-16738[F] dated 20/04/2021 ) Order made in W.P.(MD) No.8004 of 2021 Dated:

19.04.2021 RK (29.04.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2