Mohan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.16108 of 2019 Mohan

...Petitioner

-Vs1.The District Collector, Thanjavur District, Thanhavur.

2.The Tahsildar, Orathanadu Taluk, Thanjavur District.

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the second respondent to issue legal heirs certificate to the petitioner on the basis of application No.T.N.72019032-81692 dated 28.03.2019. For Petitioner : Mr.V.M.Balamohan Thambi 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 second respondent to issue legal heirs certificate to the petitioner on the basis of application No.T.N.7201903281692, dated 28.03.2019. 2.Heard Mr.V.M.Balamohan Thambi, 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 legal heir certificate, has made an application on 03.06.2019 to the respondent, especially, the second respondent and the learned counsel appearing for the petitioner would submit that, if the said application is decided within a time frame and the legal heir certificate is issued accordingly by the second respondent, the petitioner would be satisfied.

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5.Heard the learned counsel appearing for the respondents, who would submit that, the said request of the petitioner would be decided and necessary legal heir certificate would be issued, after conducting an enquiry by the second respondent, within the time frame to be stipulated by this Court.

6.Considering the limited scope of the prayer sought for in this petition, this Court is inclined to dispose of this writ petition with the following directions:- "that the second respondent is hereby directed to consider the representation of the petitioner, dated 03.06.2019 and pass order thereon, on merits and in accordance with law, with regard to the issuance of the legal heir certificate to the petitioner, within a period of six 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, Thanjavur District, Thanhavur.

2.The Tahsildar, Orathanadu Taluk, Thanjavur District.

1CC TO MR.V.M.BALAMOHAN THAMBI,ADVOCATE SR 76478 1CC TO THE SPL GOVT PLEADER SR 76610 KM/16.09.2019/2P/5C Order made in W.P.(MD)No.16108 of 2019 19.07.2019 https://hcservices.ecourts.gov.in/hcservices/