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Madras High CourtWP(MD)/7622/2019dismissed

Poochendu, v. The District Collector,

2022-12-08Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Poochendu ... Petitioner Vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

3.The Tahsildar,, Thiruvadanai Taluk, Thiruvadanai, Ramanathapuram District.

4.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

5.The Inspector of Polce, Thiruvadanai Police Station, Thiruvadanai, Ramanathapuram District.

6.Thomas 7.Ramalingam ... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st and 2nd respondents to initiate appropriate enquiry against the 6th and 7th respondent based on the representation dated 15/10/2018 given by the petitioner herein.

For Petitioner : Mr.N.Pragalathan For Respondents : Mr.A.K.Manikkam, Spl. Government Pleader for R1 to R3.

Mr.B.Thanga Aravindh, Govt. Advocate (Crl. Side) for R4 & R5.

ORDER

Heard the learned counsel for the writ petitioner, the learned Special Government Pleader for the respondents 1 to 3 and the learned Government Advocate (Crl. Side) for the respondents 4 and 5. 2.The petitioner's grievance is that even though she is alive, the respondents 6 and 7 have issued a legal heir certificate as if the petitioner passed away on 07.03.1999.

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3.The stand of the official respondents is that the legal heir certificate relied on by the writ petitioner is a bogus one but the authorities cannot be blamed therefor. In this regard, a criminal case has already been registered and final report was filed before the learned Judicial Magistrate, Thiruvadanai and it has been taken on file in C.C.No.24 of 2019. The writ petitioner's son and few others are facing trial as accused. I am therefore of the view that no action need to be taken as against the respondents 6 and 7. The writ petition stands dismissed. No costs.

08.12.2022 Index : Yes / No Internet : Yes/ No ias To:

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

3.The Tahsildar,, Thiruvadanai Taluk, Thiruvadanai, Ramanathapuram District.

4.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

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G.R.SWAMINATHAN, J.

ias 5.The Inspector of Polce, Thiruvadanai Police Station, Thiruvadanai, Ramanathapuram District.

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