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Madras High CourtWP(MD)/10375/2023disposed of

Gousalya v. The District Collector

2023-06-13Honourable Mr Justice C.V. Karthikeyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN and W.M.P(MD)No.11272 of 2023 Gousalya ... Petitioner Vs.

1.The District Collector, O/o. District Collector, Karur, Karur District.

2.The Revenue Divisional Officer, O/o. Revenue Divisional Office, Kulithalai, Karur District.

3.The Tahsildar, O/o. Tahsildar, Kulithalai, Karur District.

4.R.Venkidapathi (R4 is impleaded vide Court order dated 13.06.2023) ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to complete the enquiry and pass appropriate orders on the 1/4

petitioner's representation dated 09.09.2021 which was acknowledged by the memo dated 22.09.2021 in Oo.Mu. A6/3620/2021 of the second respondent. For Petitioner :

Mr.I.Suthakaran For Respondents :

Mr.N.Muthuvijayan Special Government Pleader

ORDER

W.M.P(MD)No.11272 of 2023 has been filed seeking to implead, Venkidapathi / brother of the petitioner as a further respondent in the writ petition. It is stated that without disclosing that the petitioner / sister, is also a legal heir, the proposed respondent had obtained legal heirship certificate.

2. In view of that particular fact, W.M.P(MD)No.11272 of 2023 is allowed. Registry may carry out necessary amendment in the cause title before issuing the order copy.

3. The Writ Petition has been filed seeking a direction to the second respondent / Revenue Divisional Officer, Kulithalai, Karur District, to complete the enquiry which is pending consequent to a representation given on 09.09.2021 by the petitioners herein. The newly impleaded 4th respondent is the brother of the petitioner. Without disclosing that the petitioner / sister is also 2/4

one of the legal heirs, the fourth respondent appears to have obtained a legal heirship certificate. Questioning that, an appeal has been filed before the second respondent / Revenue Divisional Officer.

4. A direction is given to the second respondent / Revenue Divisional Officer, to issue notice to the petitioner and also to the fourth respondent Venkidapathy, conduct an enquiry and thereafter pass necessary orders. If it is found that the original order obtaining legal heirship certificate has been obtained by suppression, then appropriate orders may be passed.

5. This Writ Petition stands disposed of. The enquiry to be completed on or before 31.08.2023.

13.06.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No pnn 3/4

C.V.KARTHIKEYAN, J.

pnn To 1.The District Collector, O/o. District Collector, Karur, Karur District. 2.The Revenue Divisional Officer, O/o. Revenue Divisional Office, Kulithalai, Karur District.

3.The Tahsildar, O/o. Tahsildar, Kulithalai, Karur District. and W.M.P(MD)No.11272 of 2023 13.06.2023 4/4