P.Packiavathy, D/O.Palanisamy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.16452 of 2017 P.Packiavathy, represented by through her power agent
...Petitioner
-Vs1.The District Collector District Collector Campus, Pudhukottai, Pudukottai District.
2.The District Revenue Officer, District Collector Campus, Pudhukottai, Pudhukottai District.
3.The Revenue Divisional Officer, O/o Revenue Divisional Office, Pudhukottai,Pudhukottai District.
4.The Thasildar, Pudhukottai Taluk, Pudhukottai.
5.V.Pushbaraj
...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, directing the respondents No.2 to 4 to conduct the enquiry and cancel the bogus legal heir certificates in Pa.Mu.5170/96(A6) dated 10.06.1996 and Pa.Mu.720/2005(A6) dated 16.03.2005 made by Respondent No.5 within the time period stipulated by this Court.
For Petitioner : Mr.T.Lajapathy Roy For Respondents 1to4 : Mr.C.Selvaraj Special Government Pleader
ORDER
The case of the petitioner is that his mother Lakshmi, W/o.Palani, passed away at Malaysia on 22.02.1997, leaving behind her two sons and three daughters. While so, a bogus legal heir certificate was issued in favour of one P.L.Subbaiah on 10.06.1996 and another bogus legal heir certificate was issued in favour of the fifth respondent Pushbaraj on 16.03.2005.
2.Mr.C.Selvaraj, learned Special Government Pleader takes
notice for the respondents. By consent of both parties the writ petition is taken up for final disposal at the stage of admission itself.
3.The learned counsel appearing for the petitioner would submit that all the legal heirs of the said Lakshmi are residing at Malaysia. Since bogus legal certificates were issued, he gave a representation to the respondents 1 to 4 on 07.08.2017 for cancellation of the bogus legal heir certificates. Since no action was taken, the present writ petition has been filed. 4.Heard Mr.T.Lajapathy Roay, learned Counsel appearing for the petitioner and Mr.C.Selvaraj, learned Special Government Pleader appearing for the respondents 1 to 4.
5.In the light of the above facts, this Court without going into the merits of the case, directs the third respondent to consider the representation of the petitioner dated 07.08.2017 and pass appropriate orders on merits and in accordance with law, after providing opportunity to the necessary parties, within a period of twelve weeks from the date of receipt of copy of this order. 6.With the above direction, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The District Collector District Collector Campus, Pudhukottai, Pudukottai District.
2.The District Revenue Officer, District Collector Campus, Pudhukottai, Pudhukottai District.
3.The Revenue Divisional Officer, O/o Revenue Divisional Office, Pudhukottai,Pudhukottai District.
4.The Thasildar, Pudhukottai Taluk, Pudhukottai.
+1cc to Mr.T.LAJAPATHI ROY Advocate in SR. No. 75856 +1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 76089 DSK JS/GT/SAR.1/8.9.2017/3P-6C W.P.(MD)No.16452 of 2017 31.08.2017