Pappa v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 16.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.16426 of 2021 Pappa ..Petitioner Vs 1.The Tahsildar, Tahsildar Office, Kallikudi, Madurai District.

2.The Village Administrative Officer, Village Administrative Office, Neduggulam, Kallikudi, Madurai District.

..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to issue legal heir certificate of the Petitioner's daughter deceased Jothi based on the representation, dated 5.7.2022 within the time limit prescribed by this Court.

For Petitioner :Mr.S.A.Ajmal Khan For Respondents:Mr.C.Satheesh 1 and 2 Government Advocate

ORDER

The Petitioner has filed this Writ Petition seeking issuance of a Writ of Mandamus directing the respondents to issue legal heir certificate of

the Petitioner's daughter deceased Jothi based on the representation , dated 5.7.2022 within the time limit prescribed by this Court. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.The case of the Petitioner is that the Petitioner's daughter namely, Jothi died on 23.3.2022 at Coimbatore Medical College Hospital, Coimbatore, leaving behind her son namely Arunkumar, as her legal heir. After her demise, death certificate was obtained and for the past 15 years, whereabouts of his father pandi was not known and moreover the Petitioner and his father are the only legal heirs of the said Jothi. Now the Petitioner is taking care of the said Arunkumar and as such, he applied for legal heirship certificate of his mother Jothi to the first respondent on 16.5.2022.The Petitioner, as the grand-mother of Arunkumar, submitted a representation on 5.7.2022 through registered post along with earlier representation, dated 16.5.2022 enclosing her daughter's death certificate.

Since the same was not considered till date, the Petitioner has filed this Writ Petition for the relief stated supra. 4.

limit prescribed by this Court.

5.In view of the above submission, this Court, without going into the merits of the matter, directs the first respondent to consider the representation of the Petitioner, dated 5.7.2022 seeking legal heirship certificate and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

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

16.11.2022 Index : Yes/No Internet:Yes/No vsn To 1.The Tahsildar, Tahsildar Office, Kallikudi, Madurai District.

2.The Village Administrative Officer, Village Administrative Office, Neduggulam, Kallikudi, Madurai District.

V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.16426 of 2022 16.11.2022