Malika v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2018

CORAM

THE HON'BLE MR.JUSTICE M.GOVINDARAJ W.P.(MD) No.12862 of 2018 Mallika ... Petitioner -Vs1. The District Collector, Trichy District.

2. The Tahsildar, Marungapuri Taluk, Trichy District.

... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to issue legal heir certification to the petitioner on the basis of the petitioner's representation dated 12.03.2017. For Petitioner : Mr.M.Sankar For Respondents : Mr.J.Gunaseelan Muthaiah, Additional Government Pleader.

O R D E R

Mr.J.Gunaseelan Muthaiah, learned Additional Government Pleader takes notice on behalf of the respondents.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. One palaniyayi, who was the wife of Late.Nallaiyan, got remarried to one Chellanaicker @ Chellaiah, after the death of her first husband. The first husband's son, namely, Gopal, applied for legal heir certificate, which was rejected on the objections submitted by the petitioner. Now, the petitioner submitted an application for legal heir certificate. Since the petitioner has applied for legal heir certificate, she seeks a direction, directing the Tahsildar, Marungapuri Taluk, Trichy District, to issue a legal heir certificate on the basis of her representation dated 12.03.2017.

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4. Admittedly, there is a dispute with regard to the legal heirship between the said Gopal and the petitioner. In such circumstances, a direction is issued to the second respondent / Tahsildar, Marungapuri Taluk, Trichy District, to conduct enquiry in the matter, after giving notice to the parties concerned, and pass an order within a period of two months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Trichy District.

2. The Tahsildar, Marungapuri Taluk, Trichy District.

Sm AE/SV MMS/SAR1/29.06.2018/2P/3C Order made in W.P.(MD) No.12862 of 2018 Dated:18.06.2018 https://hcservices.ecourts.gov.in/hcservices/