Madras High CourtWP(MD)/7799/2022disposed of

Subburaj.A v. The Revenue Divisional Officer

2022-04-22Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE A.Subburaj ... Petitioner vs.

1.The Revenue Divisional Officer, Thirumangalam Sub Division, 2.The Tahsildar, Kallikudi Taluk Office, Kallikudi, Madurai District.

3.The Village Administrative Officer, Vadakampatti Village, Kallikudi Taluk, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to issue legal heirship certificate on the basis of the petitioner's representation, dated 12.04.2022 of demised Late A.Kannan, s/o.M.T.Alagarsamy Naid and Late K.Pushpavalli, w/o of A.Kannan, consisting the following particulars only the petitioner, ie., A.Subburaj, S/o.M.T.Alagarsamy is the legal heir within a time to be fixed by this Court.

For Petitioner :Mr.R.Sundar For Respondents :Mr.M.Lingadurai Special Government Pleader *****

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to issue a legal heirship certificate for the petitioner's brother, A.Kannan, who died on 11.11.2020 based on the petitioner's representation, dated 12.04.2022 within a time frame to be fixed by this Court.

2.The petitioner's brother, A.Kannan, died issueless and his wife predeceased him. The petitioner has filed documents along with this Writ Petition to support his case that he is entitled for legal heirship certificate for the deceased A.Kannan. The petitioner has given a representation on 12.04.2022 to the respondents for the said purpose. Since the said representation has not been considered till date, he has filed this Writ Petition.

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3.Heard Mr.R.Sundar, learned Counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents.

4.No prejudice will be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law after affording a fair hearing to the petitioner and any other necessary party whom the second respondent deems fit to enquire.

5.For the foregoing reasons, this Court directs the second respondent to consider the petitioner's representation, dated 12.04.2022 seeking for issuance of legal heirship certificate for the deceased A.Kannan, who died on 11.11.2020 and pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner and any other necessary party whom the second respondent deems fit to enquire within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner shall produce all the relevant documents before the second respondent for the purpose of getting legal heirship certificate for his deceased brother, A.Kannan.

6.With the aforesaid directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To 1.The Revenue Divisional Officer, Thirumangalam Sub Division, 2.The Tahsildar, Kallikudi Taluk Office, Kallikudi, Madurai District.

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3.The Village Administrative Officer, Vadakampatti Village, Kallikudi Taluk, +1 CC to M/s.R.SUNDAR, Advocate ( SR-20760[F] dated 25/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-21154[F] dated 26/04/2022 ) 22.04.2022 RD(12.05.2022) 3P 6C 3/3