Lilly Jemi v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.12616 of 2025 Lilly Jemi ... Petitioner -vs1. The District Collector, Tenkasi District.

2. The Revenue Divisional Officer, Tenkasi District.

3. The Tahsildar, Tenkasi Taluk & District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to take on file of the Petitioner's Appeal dated 10.12.2024 and to conduct proper enquiry in the light of the Circular No. 11/2017 RC.No. RA. 5(3)/180/2017 dated 09.08.2017 Department of Revenue Administration with regard to issuance of Legal Heir Certificate in favour of them thereof the petitioner's deceased Husband Meganathan concerns and dispose the appeal within a reasonable time to be fixed by this Court.

For Petitioner : Mr.M.Laxmi Mehandraa For Respondents : Mr.K.S.Selva Ganesan Additional Government Pleader 1/4

ORDER

This writ petition has been filed seeking a direction to the 2nd respondent to take on file the petitioner's Appeal dated 10.12.2024 and to conduct proper enquiry in the light of the Circular No. 11/2017 RC.No. RA. 5(3)/180/2017 dated 09.08.2017, issued by the Department of Revenue Administration with regard to issuance of Legal Heir Certificate in favour of them thereof the petitioner's deceased Husband Meganathan and dispose the appeal within a reasonable time to be fixed by this Court.

2. By consent of both parties, this writ petition is disposed at the stage of admission itself.

3. The case of the petitioner is that even though the civil Court declared that the petitioner is the wife of the deceased husband, the third respondent rejected the petitioner's application seeking legal heirship certificate. Aggrieved by the same, the petitioner filed an appeal before the second respondent. Till date, the appeal has not been disposed of. Hence, the petitioner has filed the present Writ Petition. 2/4

4. Considering the facts and circumstances of this case, this Court directs the second respondent to dispose of the appeal filed by the petitioner dated 10.12.2024 on merits and in accordance with law, after giving due opportunity to the petitioner, as well as any other persons, who may be necessary in the subject matter, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 29.04.2025 NCC : Yes/No Index : Yes / No sm 3/4

VIVEK KUMAR SINGH, J.

sm TO:-

1. The District Collector, Tenkasi District.

2. The Revenue Divisional Officer, Tenkasi District.

3. The Tahsildar, Tenkasi Taluk & District.

Order made in W.P.(MD)No.12616 of 2025 Dated:

29.04.2025 4/4