G.Ulaganathan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.14330 of 2018 G.Ulaganathan ... Petitioner vs.

The Tahsildar Thirupparankundram Taluk Thiru Nagar, Madurai-6 ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondent to issue legal heir certificate to the petitioner based on the application, dated 20.12.2017.

For Petitioner :

Mr.A.R.Palanirajan For Respondent :

Mr.J.Gunaseelan Muthiah Additional Government Pleader

O R D E R

Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader, takes notice for the respondent.

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

3. It is the grievance of the petitioner that his application dated 20.12.2017 seeking for issuance of legal heir certificate has not been considered by the respondent till date and therefore, he has filed the present writ petition.

4. This Court has not expressed any of its view with regard to the merits of the application made by the petitioner. It is needless to point out that whenever an application of this nature is made, the respondent is duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of his office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct him to consider the petitioner's application within a stipulated time. https://hcservices.ecourts.gov.in/hcservices/

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the respondent to consider the petitioner's application dated 20.12.2017 on its own merits and take further action in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner as well as to the persons who may be interested in the subject matter.

6. With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To:

The Tahsildar, Thirupparankundram Taluk, Thiru Nagar, Madurai-6.

+ 1 cc TO Mr.A.R.Palanirajan , Advocate in SR No. 71196 + 1 cc TO The Special Government Pleader in SR No. 71613 krk AE/SKN RSK/SAR1/18.07.2018/2P/4C W.P.(MD) No.14330 of 2018 05.07.2018 https://hcservices.ecourts.gov.in/hcservices/