Selvaraj v. State Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.09.2020

CORAM

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

1.State Rep. by The Tahsildar, Dindigul District, Dindigul.

2.The Revenue Inspector, Dindigul District, Dindigul.

3.The Village Administrative Officer, Aathur Village, 4.The Revenue Divisional Officer, Dindigul.

... Respondents [R-4 is impleaded as suo-motu vide order dated 28.09.2020 in W.P.(MD)No.12832 of 2020] Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to issue the legal heir certificate by considering the petitioner's application in TN-7202007091984, dated 09.07.2020 and also by considering the petitioner's representation dated 05.09.2020 within a stipulated time fixed by this Court.

For Petitioner : M/s.M.Viji For Respondents : Mr.P.Mahendran Additional Government Pleader

O R D E R

The Revenue Divisional Officer, Dindigul, is suo-motu impleaded as the fourth respondent. The Registry is directed to carry out necessary amendment in the cause title.

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2.Heard the learned counsel on either side. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

3.The petitioner's father Kamatchi Chettiar expired on 29.12.1994. The petitioner is said to be having death certificate. The petitioner wants legal heir certificate. The petitioner had given an application in this regard. The petitioner firmly states that his father was not twice married. He further states that there is no rival claim. However, it appears that the relationship between the petitioner and the first respondent has come under some kind of strain. Therefore, the petitioner hesitates to appear before the first respondent, while the petitioner would claim that field enquiry by the respondents 2 and 3 is already over. 4.The learned Additional Government Pleader would state that enquiry is yet to be commenced. It appears that a number of legal heirs may range from 9 to 11.

5.Be that as it may, taking note of the obtaining facts in this case, I direct the Revenue Divisional Officer, Dindigul, to hold an enquiry and issue legal heir certificate based on the outcome of the enquiry. The petitioner will appear before the Revenue Divisional Officer, Dindigul, on 01.10.2020 at 11.00 a.m and place all the materials. The Revenue Divisional Officer, Dindigul, will conclude the entire exercise within a period of twelve weeks from the date of receipt of copy of this order.

6.The writ petition is disposed of on these terms. No costs. Sd/- Assistant Registrar (AD-I) // True Copy // / /2020 Sub Assistant Registrar(CS) Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Tahsildar, 2/3

2.The Revenue Inspector, Dindigul District, Dindigul.

3.The Village Administrative Officer, Aathur Village, 4.The Revenue Divisional Officer, Dindigul.

+1 CC to M/s.Special Govt.Pleader ( SR-18389[F] dated 29/09/2020 ) 28.09.2020 sji SDS (30.09.2020) 3P-6C 3/3