Mariammal.B v. The Dist.Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH B.Mariammal ... Petitioner Vs.
1.The District Collector, Virudhunagar District, Virudhunagar.
2.The District Revenue Officer, Virudhunagar District, Virudhunagar.
3.The Revenue Divisional Officer, Aruppukottai Division, Virudhunagar District.
4.The Tahsildar, Aruppukottai Taluk, Aruppukottai, Virudhunagar District.
5.S.Indrani ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the 1st to 4th respondents to issue Legal Heir Certificate to the petitioner and her three children and by considering her representations, dated 20.02.2021.
For Petitioner : Mr.A.Jeyaram For Respondent : Mr.P.Mahendran Additional Government Pleader
ORDER
This writ petition has been filed for the issuance of Writ of Mandamus, directing the fourth respondent to issue Legal Heirship Certificate to the petitioner, by considering the representation made by the petitioner, on 20.02.2021.
2.The case of the petitioner is that she married one 1/3
Boominathan on 12.12.1984. This marriage is substantiated by virtue of the document that is found at page No.1 of the typed-set of papers. According to the petitioner, her husband died on 13.11.2020, leaving behind the petitioner and her children. It is stated that the husband of the petitioner had a relationship with the 5th respondent, who is claimed to be his concubine. In fact, the husband of the petitioner died, when he was residing in the house of the 5th respondent.
3.After the death of the husband of the petitioner, the petitioner made a representation to the 4th respondent, seeking for Legal Heirship Certificate and the application was rejected, even without assigning any reason. Therefore, the petitioner made yet another representation to respondents 1 to 4, seeking for Legal Heirship Certificate. The first respondent, through letter, dated 02.03.2021, had directed the 3rd and 4th respondents to act upon the application / representation made by the petitioner and report the same. The grievance of the petitioner is that the 4th respondent has not acted upon the representation till date and therefore, left with no other option, the present writ petition has been filed before this Court, seeking for appropriate directions. 4.Heard Mr.A.Jeyaram, learned counsel for the petitioner and Mr.P.Mahendran, learned Additional Government Pleader, for the respondents.
5.Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the 4th respondent to consider the representation made by the petitioner, on 20.02.2021 and deal with the same, strictly in accordance with law and issue the Legal Heirship Certificate, within a period of four weeks from the date of receipt of a copy of this order.
6.The petitioner is directed to make fresh representation to the 4th respondent along with all the relevant documents and also a copy of this order.
7.This writ petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3
To 1.The District Collector, Virudhunagar District, Virudhunagar.
2.The District Revenue Officer, Virudhunagar District, Virudhunagar.
3.The Revenue Divisional Officer, Aruppukottai Division, Virudhunagar District.
4.The Tahsildar, Aruppukottai Taluk, Aruppukottai, Virudhunagar District.
+1 CC to M/s.A.JEYARAM, Advocate ( SR-17630[F] dated 27/04/2021 ) +1 CC to M/s.SPL GP ( SR-17937[F] dated 28/04/2021 ) 27.04.2021 AS(08.06.2021)3P 7C 3/3