N.Gopalsami, S/O.Late Nachappa v. The Tahsildar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2016 C O R A M THE HONOURABLE DR.JUSTICE S.VIMALA Writ Petition (MD) No.17421 of 2016 N.Gopalsami .. Petitioner Vs.

The Tahsildar, Aravakurichi Taluk, Karur District.

.. Respondent Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to consider the representation of the petitioner dated 27.06.2016.

For petitioner ... Mr..K.Kumaresan For Respondents ... Mr.M.Alagudevan Special Government Pleader

O R D E R

This writ petition has been filed directing the respondent to consider the representation of the petitioner dated 27.06.2016. 2.Heard the learned counsel for the petitioner. Mr.M.Alagudevan, learned Special Government Pleader, takes notice for the respondents.

3.The petitioner/principal is presently residing at USA and settled in USA nearly 40 years. One B.Palanisamy, S/o.Bagavathiyappa Goundar, who has filed an affidavit in this writ petition, is the power of attorney of the petitioner, by virtue of the power deed, dated 03.05.2016.

The petitioner/principal wanted to get a legal heirship certificate after the death of his father on 02.06.2013. The request made by the petitioner/Principal has been rejected, on the ground that the residential proof was not furnished by him, by order dated 08.09.2015. Now, the power agent has produced the residential proof for the petitioner/Principal. There is also an undertaking that if the presence of the petitioner/principal is required, he is prepared to come from USA and appear for the personal hearing. So stating, the representation, dated 27.06.2016 has been given. As the said representation was not considered, this writ petition has been filed.

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4.The learned Special Government Pleader for the respondents submitted that it is agreeable by the respondent to consider the representation of the petitioner, dated 27.06.2016 and pass appropriate orders subject to the undertaking given by the petitioner/principal to appear for personal hearing. 5.Subject to the undertaking for personal appearance of the petitioner/principal being recorded, the respondent is directed to consider the representation of the petitioner, dated 27.06.2016 and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order.

6.With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To The Tahsildar, Aravakurichi Taluk, Karur District.

Rj2 JA-DB-28.09.2016/2P:2C Writ Petition (MD) No.17421 of 2016 15.09.2016 https://hcservices.ecourts.gov.in/hcservices/