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Madras High CourtWP(MD)/11486/2021closed

Rajalakshmi.M v. The Tahsildar

2024-06-13Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR and W.M.P(MD)No.9016 of 2021 M.Rajalakshmi : Petitioner Vs.

1.The Tahsildar, Tuticori Taluk, Tuticorin District.

2.C.Gowri : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the first respondent in his proceedings in Na.Ka.Aa.4/887/2019, dated 19.04.2021 and quash the same as illegal and unconstitutional and consequently, direct the first respondent to issue a fresh legal heir certificate in favour of the petitioner. For Petitioner : Mr.KA.Raamakrishnan For Respondents : Mr.A.K.Manikkam, Special Government Pleader, for R1, : Mr.R.Balakrishnan, for R2.

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O R D E R

The Writ Petition has been filed seeking a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the first respondent in his proceedings in Na.Ka.Aa.4/887/2019, dated 19.04.2021 and quash the same as illegal and unconstitutional and consequently, direct the first respondent to issue a fresh legal heir certificate in favour of the petitioner.

2. It is not in dispute that the petitioner has challenged the letter sent by the first respondent to the Sub Collector, Tuticorin, in pursuance of the directions for conducting an enquiry and to submit a letter on the basis of the petition given by the second respondent.

3. The learned counsel on either side would submit that now the matter is pending before the first respondent. The learned counsel for the petitioner would submit that he may be permitted to withdraw the petition with liberty to challenge the order to be passed by the first respondent in the appeal preferred by the second respondent.

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4. In view of the above, the Writ Petition is closed. The petitioner is at liberty to challenge the order to be passed by the first respondent. Consequently, connected Miscellaneous Petition is closed. No costs. 13.06.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No das To The Tahsildar, Tuticori Taluk, Tuticorin District.

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K.MURALI SHANKAR, J DAS Order made in and W.M.P(MD)No.9016 of 2021 Dated : 13.06.2024 4/4