Madras High CourtWP(MD)/10656/2023disposed of

Meenal C v. The District Collector

2023-04-28Honourable Mr Justice C.V. Karthikeyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN C.Meenal ... Petitioner Vs.

1.The District Collector, District Collectorate, Madurai.

2.The Revenue Tahsildar, Peraiyur Taluk, Madurai District.

3.The Village Administrative Officer, Appakkarai Village, A.Thottiyapatti, Peraiyur Taluk, Madurai District.

4.Sumathi ...Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, restraining the respondents 2 and 3 from issuing Legal Heirship Certificate for the petitioner's late husband R.Chinnamaruthu, son of Ramsamy, who had expired on 27.05.2021, without including the name of the petitioner and her son Rajavamshi. 1/4

For Petitioner : Mr.S.Loganathan For Respondents : Mr.N.Muthu Vijayan Special Government Pleader for R1 to R3

O R D E R

This Writ Petition has been filed in the nature of Mandamus seeking to restrain the respondent Nos.2 and 3 from issuing any Legal Heirship Certificate with respect to R.Chinnamaruthu, son of Ramsamy, who had died on 27.05.2021.

2. The petitioner claims that she is the second wife of Chinnamaruthu, who had married her after having divorced the fourth respondent. It is also stated that since he died, an application has been made seeking Legal Heirship Certificate.

3. A direction is given to the second respondent to issue notice to the petitioner as well as the fourth respondent, examine the credentials and thereafter, issue Legal Heirship Certificate. In this connection, the second respondent may also keep in mind the provisions of 2/4

G.O.Ms.No.478, Revenue and Disaster Management, dated 29.09.2022 and act accordingly.

4. Accordingly, this Writ Petition is disposed of without issuing notice to the fourth respondent. There shall be no order as to costs. 28.04.2023 Index: Yes/No Internet: Yes/No ssb To 1.The District Collector, District Collectorate, Madurai.

2.The Revenue Tahsildar, Peraiyur Taluk, Madurai District.

3.The Village Administrative Officer, Appakkarai Village, A.Thottiyapatti, Peraiyur Taluk, Madurai District.

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C.V. KARTHIKEYAN, J.

ssb 28.04.2023 4/4