Madras High CourtWP(MD)/16495/2020disposed of

K.Rajendran v. The District Collector

2020-11-23Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.16495 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.16495 of 2020 K.Rajendran ... Petitioner Vs 1.The District Collector, Madurai District Collector Office, Madurai-625020.

2.The Tahsildar, Madurai West Taluk, Usilai Mani Road, Madurai District, Madurai-625 019.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 09.07.2020. For Petitioner : Mr.K.Suresh For Respondents : Mr.C.Ramesh Special Government Pleader

ORDER

(This Petition was heard through the Video Conferencing) This Writ Petition has been filed for a Mandamus seeking for a direction to the second respondent to consider the petitioner's representation dated 09.07.2020.

2. Mr.C.Ramesh, learned Special Government Pleader, accepts notice on behalf of the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. Heard Mr.K.Suresh, learned counsel appearing for the petitioner and Mr.C.Ramesh, learned Special Government Pleader appearing for the respondents.

4. Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner seeks permission of this Court to challenge the order dated 04.08.2020 rejecting the petitioner's application on the ground that the petitioner is not the direct legal heir of his deceased sister Ms.Jaya.

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W.P.(MD)No.16495 of 2020

5. Since the present Writ Petition has been filed for a Mandamus seeking for a direction to the second respondent to consider the petitioner's representation dated 09.07.2020 seeking for issuance of Legal Heirship Certificate for the deceased Mrs.Jaya, the same cannot be granted by this Court in view of the fact that already a final order has been passed by the second respondent on 04.08.2020 rejecting the petitioner's application for issuance of Legal Heirship Certificate for the deceased Mrs.Jaya.

6. Recording the submissions made by the learned counsel appearing for the petitioner, this Writ Petition stands disposed of by granting liberty to the petitioner to challenge the order dated 04.08.2020, passed by the second respondent, rejecting the petitioner's application, for issuance of Legal Heirship Certificate for his deceased Sister Ms.Jaya. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) Tsg Note:.In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To 1.The District Collector, Madurai District Collector Office, Madurai-625020.

2.The Tahsildar, Madurai West Taluk, Usilai Mani Road, Madurai District, Madurai-625 019.

+1 CC to Spl GP ( SR-22636[F] dated 24/11/2020 ) +1 CC to Mr.K.SURESH, Advocate ( SR-22877[F] dated 26/11/2020 ) W.P.(MD)No.16495 of 2020 23.11.2020 VB (03.12.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2