Sasikumar.P v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.10491 & 10492 of 2022 P.Sasikumar ... Petitioner Vs 1.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

2.The Tahsildar, Muthukulathur Taluk, Ramanathapuram Taluk.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records pertaining to the impugned order issued by the second respondent in O.Mu.A6/1482/2022, dated 24.03.2021 and quash the same.

For Petitioner : Mr.M.Jegadeesh Pandian For Respondents : Mr.K.Balasubramani Special Government Pleader 1/4

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Special Government Pleader appearing for the respondents.

2. The writ petitioner's brother, namely, Ponnivalavan had passed away. The petitioner approached the second respondent for issuance of Legal Heir Certificate. The second respondent by the impugned memorandum dated 24.03.2021 declined to issue Legal Heir Certificate on the ground that the petitioner is a Class-II legal heir. It has been held in the decision reported in 2022 SCC Online Mad 144 (A.Balasubramaniyan Vs Additional Chief Secretary), that the Legal Heirship Certificate can be issued even to Class-II legal heirs provided there are no rival claimants.

3. Respectfully applying the said ratio, impugned memorandum is quashed. This writ petition is allowed. The matter is remitted to the file of the second respondent to hold an enquiry and pass order afresh on merits and in accordance with law within a period of eight weeks. Consequently, connected miscellaneous petitions are closed. No costs. 01.08.2022 mga 2/4

To 1.The Revenue Divisional Officer, Paramakudi, Ramanathapuram District.

2.The Tahsildar, Muthukulathur Taluk, Ramanathapuram Taluk.

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G.R.SWAMINATHAN, J.

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