← Library
Madras High CourtWP(MD)/15951/2019disposed of

C.Thangapandi v. The District Collector

2019-07-18Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.15951 of 2019 C.Thangapandi

...Petitioner

-Vs1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Usilampatti, Madurai District.

3.The Tahsildar, Taluk Office, Peraiyur, Madurai District.

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to issue the fresh legal heir certificate to the petitioner based on his representation, dated 17.08.2017 within the time fixed by this Court.

For Petitioner : Mr.T.Selvan For Respondents : Mr.C.M.Mari Chelliah Prabhu Additional Government Pleader

ORDER

The prayer in this writ petition is for a Writ of Mandamus, to direct the respondents to issue the fresh legal heir certificate to the petitioner, based on his representation, dated 17.08.2017, within the time to be fixed by this Court.

2.Heard Mr.T.Selvan, learned counsel appearing for the petitioner and Mr.C.M.Mari Chelliah Prabhu, learned Additional Government Pleader appearing for the respondents. 3.With the consent of both sides, this writ petition is being disposed of at the admissions stage itself.

4.The petitioner, in order to get fresh legal heir certificate, has made a representation to the respondent, especially, the second respondent, since some correction is expected to be done in the legal heir certificate, which has already been issued by the Tahsildar concerned. The said issue has to be decided by the second respondent. Therefore, if the https://hcservices.ecourts.gov.in/hcservices/

said representation, dated 17.08.2017 made to the second respondent is directed to be considered by the second respondent, within the time frame, the petitioner would be satisfied. 5.I have heard Mr.C.M.Mari Chelliah Prabhu, learned Additional Government Pleader, who would submit that, the representation of the petitioner, dated 17.08.2017 would be considered by the second respondent, after hearing the petitioner and other legal heirs, within the time frame.

6.Considering the limited scope of the prayer sought for in this writ petition, this Court is inclined to dispose of this writ petition with the following directions:- "that the second respondent is directed to consider the representation of the petitioner, dated 17.08.2017 and pass order thereon, on merits and in accordance with law, after hearing the petitioner as well as the other legal heirs, if any and final order shall be passed within a period of eight weeks from the date of receipt of a copy of this order."

No costs.

SD ASSISTANT REGISTRAR ( P AND A ) TRUE COPY SUB ASSISTANT REGISTRAR ( CS ) rmk To 1.The District Collector, Madurai District, Madurai.

2.The Revenue Divisional Officer, Usilampatti, Madurai District.

3.The Tahsildar, Taluk Office, Peraiyur, Madurai District.

1CC TO MR. T. SELVAN,ADVOCATE SR 75968 1CC TO THE SPL GOVT PLEADER SR 76386 KM/16.09.2019/2P/6C Order made in W.P.(MD)No.15951 of 2019 18.07.2019 https://hcservices.ecourts.gov.in/hcservices/