Subramanian.P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.09.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.15798 of 2022 P.Subramanian ... Petitioner vs.

1.The District Collector, Tirunelveli District, Collectorate, Kokkirakulam, Tirunelveli.

2.The Revenue Divisional Officer, Revenue Divisional Office, Tirunelveli, Tirunelveli District.

3.The Tahsildar, Palayamkottai Taluk Office, Palayamkottai Taluk, Tirunelveli District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the third respondent to dispose the petitioner's application to issue a legal heir certificate, on the basis of the representation, dated 20.06.2022. 1/5

For Petitioner : Mr.B.Char Murugan For Respondents : Mr.D.Gandhi Raj Special Government Pleader

O R D E R

This Writ Petition is filed for issuance of a Writ of Mandamus, directing the third respondent to dispose the petitioner's application for issuance of legal heir certificate, on the basis of the representation, dated 20.06.2022.

2. The case of the petitioner is that the petitioner's elder brother Pitchaiah Devar died on 03.07.2007 and his wife name is Malaiammal and they have no issues. After the death of his brother, one forged document was created through impersonation by one Masanam Devar and registered one sale deed No.5078/2013. After the complaint, the said sale deed was cancelled on 13.02.2017. Subsequently, the wife of the brother also died. Hence, the petitioner has sent a representation dated 20.06.2022 to the respondents, seeking legal heir certificate. But, they have not taken any action on the petitioner's representation. Hence, the 2/5

petitioner has filed the present writ petition seeking direction to the third respondent to dispose the petitioner's application, based on his representation, dated 20.06.2022.

3. The learned counsel appearing for the petitioner would submit that it would suffice to issue direction to the third respondent to consider the petitioner's representation, dated 20.06.2022.

4. The learned Special Government Pleader appearing for the respondents has no objection for such an order being passed by this Court.

5. In the light of the submissions made by the learned counsel, this Court, without going into the merits of the matter, directs the third respondent to consider the petitioner's representation dated 20.06.2022 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity, within a period of eight weeks from the date of receipt of a copy of this order.

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6. With the above direction, this Writ Petition is disposed of. No costs.

07.09.2022 Index:Yes/No Internet:Yes/No akv To 1.The District Collector, Tirunelveli District, Collectorate, Kokkirakulam, Tirunelveli.

2.The Revenue Divisional Officer, Revenue Divisional Office, Tirunelveli, Tirunelveli District.

3.The Tahsildar, Palayamkottai Taluk Office, Palayamkottai Taluk, Tirunelveli District.

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V.BHAVANI SUBBAROYAN,J.

akv W.P(MD)No.15798 of 2022 07.09.2022 5/5