Thiyagarajan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Thiyagarajan ... Petitioner Vs The Tahsildar, Musiri Taluk Office, Trichy District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the respondent in O.Mu.A2/6831/2022, dated 28.07.2022 and quash the same as illegal and consequenlty, direct the respondent to issue legal heir certificate to the petitioner.

For Petitioner : Mr.K.Arunraj For Respondents : Mr.M.Sarangan Additional Government Pleader 1/4

ORDER

Heard the learned counsel on either side.

2. The petitioner's request for issuance of legal heir certificate was declined primarily on the ground that the petitioner comes under the Class II category. It has been held repeatedly that on this ground, the request for issuance of legal heir certificate cannot be rejected.

3. In this view of the matter, the order impugned in the writ petition is set aside. The matter is remitted to the file of the respondent. The respondent shall enquire into the petitioner's application. If satisfactory materials are placed before the respondent, the respondent is directed to consider the petitioner's request and pass final order within a period of six weeks from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter. It is open to the respondent to pass order one way or other.

4. The Writ Petition is disposed of accordingly. No costs. 11.08.2022 Index : Yes / No Internet : Yes/ No rmi 2/4

To The Tahsildar, Musiri Taluk Office, Trichy District.

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G.R.SWAMINATHAN, J.

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