V.Little Sulochana Bai, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.16550 of 2018 and W.M.P.(MD)No.14636 of 2018 V.Little Sulochana Bai ... Petitioner vs.

1. The District Collector, Kanyakumari District, Nagercoil.

2. The Revenue Divisional Officer, Padmanabapuram, Kanyakumari District.

3. The Tahsildar, Vilavancodu Circle, Vilavancodu, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondents to rectify the mistakes crept on record with regard to the gender of the petitioner's children as well as non inclusion of the petitioner's name and also the mistake in mentioning petitioner's husband name in the legal heir certificate as issued by the third respondent herein to us vide No.Nemu/A3/13845/2017 dated 11.10.2017 forthwith.

For Petitioner :

Mr.S.Palani Velayutham For Respondents :

Mr.N.Shanmuga Selvam Additional Government Pleader

O R D E R

Mr.N.Shanmuga Selvam, learned Additional Government Pleader, takes notice for the respondents.

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 her representation dated 24.07.2018 seeking to rectify the mistakes in the legal heir certificate issued by the third respondent, has not https://hcservices.ecourts.gov.in/hcservices/

been considered by the respondents 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 representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are 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 their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the third respondent to consider the petitioner's representation dated 24.07.2018 on its own merits and take further action in accordance with law, within a period of four weeks 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 and any other persons who may be interested in the subject matter.

6. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar (CS-IV) To:

1. The District Collector, Kanyakumari District, Nagercoil.

2. The Revenue Divisional Officer, Padmanabapuram, Kanyakumari District.

3. The Tahsildar, Vilavancodu Circle, Vilavancodu, Kanyakumari District.

+ 1 CC TO Mr.S.PALANI VELAYUTHAM, ADVOCATE IN SR No. 75458 RMK TE/RP/SAR-4 : 07/08/2018 : 3P/5C W.P.(MD) No.16550 of 2018 27.07.2018 https://hcservices.ecourts.gov.in/hcservices/