← Library
Madras High CourtWP(MD)/18712/2015disposed of

P.Parvathi, W/O.Late Periya v. The District Collector

2015-10-13Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :13.10.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.18712 of 2015 P.Parvathi

...Petitioner

Vs.

1.The District Collector, Madurai District, Madurai.

2.The District Revenue Officer, Madurai District, Madurai.

3.The Thasildar, Madurai East Taluk, Madurai District.

4.The Revenue Inspector, Y.Othakadai, Madurai District.

5.The Village Administrative Officer, Y. Othakadai, Madurai District.

...Respondents

This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents 3 to 5 herein to issue legal heir certificate to the petitioner and pass orders within the time stipulated by this Court. For petitioner : Mr.M.Muthugeethayan For Respondents : Mr.M.Murugan, Government Advocate takes notice

ORDER

The Writ Petition has been filed praying for a Writ of Mandamus directing the respondents 3 to 5 herein to issue legal heir certificate to the petitioner within a stipulated time.

2. Mr.M.Murugan, learned Government Advocate takes notice for the respondents.

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

3. By consent, the Writ Petition itself is taken up for final disposal.

4. In the affidavit it has been averred that the husband of the petitioner by name Periyakaruppan died on 30.04.2005 leaving the petitioner and his four children as his legal heirs. Since the petitioner is an illiterate, she did not take any step to get legal heir certificate. Thereafter, she had given a petition to the third respondent on the grievance day meeting on 31.08.2015 to issue legal heir certificate. But, the request of the petitioner was not considered so far. Hence, the petitioner has come forward with the present Writ Petition for the above stated relief.

5. The learned counsel for the petitioner relied on a judgment of this Court in W.P(MD)No.14956 of 2013 etc., dated 25.09.2013, which was directed to be forwarded to all the Revenue Officers to follow the directions issued by this Court regarding issuance of legal heirship certificate. He further submitted that a direction may be given to the respondents to issue legal heir certificate to the petitioner, within a stipulated time.

6. Considering the submissions made by the learned counsel for the petitioner, without going into the merits of the averments made in the Writ Petition, this Court directs the third respondent to consider the petition given by the petitioner, dated 31.08.2015 and pass appropriate orders, with regard to issuance of legal heir certificate to the petitioner, on merits and in accordance with law, by conducting an enquiry, within a period of one week from the date of receipt of a copy of this order.

With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Madurai District, Madurai. 2.The District Revenue Officer, Madurai District, Madurai. 3.The Thasildar, Madurai East Taluk, Madurai District.

4.The Revenue Inspector, Y.Othakadai, Madurai District. 5.The Village Administrative Officer, Y. Othakadai, Madurai District. +1cc to Mr.M.Muthugeethayan, Advocate Sr.No.61066 +1cc to The Special Government Pleader Sr.No.60829 https://hcservices.ecourts.gov.in/hcservices/ akm/29.10.2015 /2p-8c/ W.P(MD).No.18712 of 2015 13.10.2015