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Madras High CourtWP(MD)/17027/2019disposed of

Vallinayagam v. The Tahsildar

2019-08-01Honourable Mr Justice R. Suresh Kumar2 pages

W.P.(MD)No.17027 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.17027 of 2019 Vallinayagam ... Petitioner -VsThe Tahsildar, Karaikudi Taluk, Sivagangai District.

... Respondent Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondent to issue legal heir certificate based on the petitioner's application within 15 days as per the procedure made in Circular No.11/2017 in Rc.No.RA.5(3)/180/2017 dated 09.08.2017 by the Principal Secretary, Commissioner of Revenue Administration.

For Petitioner : Mr.D.Venkatesh For Respondent : Mr.P.Kannithevan, A.G.P.

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the respondent to issue legal heir certificate based on the petitioner's application within 15 days as per the procedure made in Circular No.11/2017 in Rc.No.RA.5(3)/180/2017 dated 09.08.2017 by the Principal Secretary, Commissioner of Revenue Administration.

2.Heard Mr.D.Venkatesh, learned counsel appearing for the petitioner and Mr.P.Kannithevan, learned Additional Government Pleader appearing for the respondent.

3.The petitioner's son one Saravanakumar died on 31.08.2018 and in this regard, a death certificate has been issued by the competent authority on 11.09.2018 and on receipt of the death certificate, the petitioner made necessary application to the respondent on 12.09.2018, seeking legal heir certificate. However, the said application is still pending with the respondents and no orders have been passed. Therefore, the petitioner is before this Court. 4.I have heard the learned Additional Government Pleader, who would submit that, the said application dated 12.09.2018, seeking legal heir certificate would be decided by the respondent and orders to that effect would be passed, within a time frame. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.17027 of 2019 5.Considering the limited scope of the prayer sought for herein, this Court is inclined to dispose of this writ petition, with the consent of both the parties, at the stage of admission itself, with the following direction:

"The respondent is hereby directed to consider the application of the petitioner dated 12.09.2018 for grant of legal heir certificate for his deceased son and pass final orders thereon, within a period of four weeks from the date of receipt of a copy of this order." 6.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) Arul To The Tahsildar, Karaikudi Taluk, Sivagangai District.

+1 CC to SPL GP ( SR-79717[F] dated 05/08/2019 ) Order made in W.P.(MD)No.17027 of 2019 Dated:01.08.2019 MK (28.11.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2