Madras High CourtWP(MD)/11921/2017disposed of

N.Periyasamy, S/O.(Late) Nallu v. The District Collector,

2017-07-21Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2017 CORAM :

THE HONOURABLE JUSTICE K.KALYANASUNDARAM W.P.(MD) No.11921 of 2017 N.Periyasamy

...Petitioner

Vs.

1.The District Collector, District Collectorate, Pudukottai District, Pudukottai.

2.The Tahsildar, Taluk Office, Viralimalai, Pudukottai District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue of a Writ of Mandamus, to direct the second respondent to consider the petitioner's representation dated 17.03.2017 for issuance of the Legal Heir Certificate. For Petitioner :

Mr.S.Radhakrishnan For Respondents :

Mr.G.Muthukannan Government Advocate *****

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 17.03.2017.

2. According to the petitioner, his cousin brother Mr.Palaniyandi @ Pattalam @ Paul, died as a bachelor on 11.04.2016 and his parents predeceased him. It is further claimed that he executed a Will in respect of the property to an extent of 0.7.5. ares., in S.No.41/4 in Akkalnaickanpatti Village in Palapatti.

3. The petitioner would further submit that he is the only Legal Heir of the deceased Mr.Palaniyandi @ Pattalam @ Paul and therefore, he approached the second respondent, with the representation dated 17.03.2017, seeking for issuance of Legal Heir Certificate. Since, no action was taken, the present Writ Petition is filed.

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4. Heard, Mr.S.Radhakrishnan, learned counsel for the petitioner and Mr.G.Muthukannan, learned Government Advocate appearing for the respondents.

5. Considering the limited scope of the prayer sought for in this writ petition, without expressing any view on the merits and contentions raised by the petitioner, this Writ Petition is disposed of, with a direction to the second respondent to consider the representation of the petitioner dated 17.03.2017 and pass appropriate orders after providing necessary opportunities to the petitioner as well as interested parties, if any, within a period of eight of weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(AD-II) / True Copy / Sub Assistant Registrar(C.S.) To 1.The District Collector, District Collectorate, Pudukottai District, Pudukottai.

2.The Tahsildar, Taluk Office, Viralimalai,Pudukottai District.

+1cc to M/S.S.RADHAKRISHNAN, Advocate SR.No.66898 +1cc to Special Government Pleader, SR.No. 67321 cmr/rsb MAS/KP/SAR2:07.08.2017:2P-5C W.P.(MD) No.11921 of 2017 21.07.2017 https://hcservices.ecourts.gov.in/hcservices/