Madras High CourtWP(MD)/13374/2017disposed of

N.Sivagami Sundhari v. The District Collector

2017-07-20Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.07.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.13374 of 2017 N.Sivagami Sundhari ... Petitioner Vs.

1. The District Collector, Madurai District, Madurai.

2. The Tahsildar, West Taluk, Madurai District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to issue Legal Heir Certificate of petitioner's husband S.Nagarajan to the petitioner.

For Petitioner :Mr.R.Venkatesan For Respondents :Mr.A.Muthukaruppan Additional Government Pleader

ORDER

This Writ Petition is filed seeking a direction to the second respondent to issue Legal Heir Certificate of petitioner's husband S.Nagarajan.

2.Mr.A.Muthukaruppan, learned Additional Government Pleader takes notice for the respondents. By consent, this Writ Petition is taken up for final disposal at the admission stage itself. 3.The petitioner would claim that her husband, namely, S.Nagarajan was working as Attender in Madurai Kamarajar University and he died on 04.11.2016 due to illness. The petitioner is the first wife and through whom two children were born and her husband has also married another lady, namely, A.Dravida Selvi, who is working in Madurai Kamarajar University and through her, he had two children.

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4.The learned counsel appearing for the petitioner would further state that to get compassionate appointment and pensionary benefits the petitioner needs legal heir certificate. Therefore, she submitted an application on 23.01.2017 to the first respondent seeking legal heirs certificate and also sent representations to the second respondent on 28.04.2017 and 19.07.2017. Since no order has been passed, the present writ petition has been filed. 5.Considering the limited scope of the prayer sought for by the petitioner, this Court, without going into the merits of the matter, directs the second respondent to consider the representations of the petitioner dated 28.04.2017 and 19.07.2017 and pass appropriate orders on merits and in accordance with law, after providing opportunity to all necessary parties, within a period of eight weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To

1. The District Collector, Madurai District, Madurai.

2. The Tahsildar, West Taluk, Madurai District.

+1 cc to Mr.R.Venkatesan , Advocate in SR.No. 66497 +1 cc to The Special Government Pleader in SR.No.67025 sss/skn AE/KP/SAR3/03.08.2017/2P/5C W.P.(MD)No.13374 of 2017 20.07.2017 https://hcservices.ecourts.gov.in/hcservices/