Madras High CourtWP(MD)/16210/2019disposed of

P.Thangavel v. The District Collector

2019-07-22Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.16210 of 2019 P.Thangavel ... Petitioner -Vs1.The District Collector, Dindigul District.

2.The Tahsildar, Ottanchatram Taluk, Dindigul District.

3.Shanthi ... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, forbearing the respondents 1 and 2 from issuing legal heirship certificate pertaining to the petitioner's deceased younger brother Raju and his deceased son Krishnakumar to the 3rd respondent based on my representation dated 20.06.2019.

For Petitioner : Mr.R.Jegadeeswaran For Respondents : Mr.P.Kannithevan, AGP, for RR1 & 2

ORDER

The prayer in this writ petition is for a Writ of Mandamus, forbearing the respondents 1 and 2 from issuing legal heirship certificate pertaining to petitioner's deceased younger brother Raju and his deceased son Krishnakumar to the 3rd respondent based on my representation dated 20.06.2019.

2.Heard Mr.R.Jegadeeswaran, learned counsel appearing for the petitioner and Mr.P.Kannithevan, learned Government Advocate appearing for the respondents 1 and 2.

3.When the case is taken up for hearing at the time of admission stage, the learned counsel appearing for the petitioner fairly submitted that, after filing this writ petition, before the same got processed for hearing, the petitioner received a memorandum dated 09.07.2019 dispatched on 10.07.2019 passed by the Tahsildar, the 2nd respondent herein, in Na.Ka.No.2384/2019/E2, under which, he rejected the plea of the petitioner.

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4.In this context, the learned counsel appearing for the petitioner submits that, the said order dated 09.07.2019 passed by the Tahsildar would be challenged by the petitioner before the appellate authority.

5.In view of the said development that the plea of the petitioner has been rejected by a final order passed by the Tahsildar, the prayer of mandamus as has been sought for herein in this writ petition cannot be granted as the same has become already infructuous.

6.In that view of the matter, this writ petition is disposed of by recording the said proceedings of the 3rd respondent dated 09.07.2019 and if the petitioner wants to challenge the same, he can do so in the manner known to law. No costs.

Sd/- Assistant Registrar (Crl.Side) // True Copy // Sub Assistant Registrar(CS ) To 1.The District Collector, Dindigul District.

2.The Tahsildar, Ottanchatram Taluk, Dindigul District.

+1 CC to Mr.R.JEGADEESWARAN, Advocate SR-76757. Order made in W.P.(MD)No.16210 of 2019 Dated:

22.07.2019 CS(16.09.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/