Madras High CourtWP(MD)/18133/2022disposed of

Palanichamy.M v. The District Collector

2022-08-11Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.13229 of 2022 M.Palanichamy ... Petitioner Vs 1.The District Collector, Offfice of the District Collectorate, Karur.

2.The Revenue Divisional Officer, Revenue Divisional Office, Karur.

3.The Tahsildhar, Aravakurichi Taluk, Aravakurichi, Karur District.

... Respondents 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 relating to the impugned order of the 3rd respondent in proceedings letter in O.Mu.a2/1753/2022 dated 24.05.2022 and quash the same and consequently direct the 3rd respondent herein to consider the application of the petitioner dated 08.04.2022 on the file of the 1st respondent seeking to delete the nae of erst-while daughter in law namely Nithya whose name stood as one of the legal 1/4

heir in the legal heir certificate of deceased son of the petitioner bearing No.p.mu.2298/2017(a2) dated 19.05.2017.

For Petitioner : Mr.P.Venkatesan For Respondents : Mr..K.Balasubramani Special Government Pleader

ORDER

Heard the learned counsel on either side.

2. The petitioner's son Balasubramanian passed away. In the legal heir certificate issued by the third respondent, the daughter-in-law's name namely Nithya has been mentioned. It appears that the said daughter-in-law has got remarried. The petitioner therefore wants the name of the daughter-in-law to be removed from the legal heir certificate. The third respondent has rejected the said request. The said rejection is under challenge.

3. If the petitioner is aggrieved by the certificate issued by the third respondent, the remedy open to the writ petitioner is to move the second respondent. The petitioner is granted liberty to move the second respondent. As and when such petition is filed, the second respondent will issue notice to the said M/s.Nithya and thereafter pass final order. 2/4

4. With this liberty to the writ petitioner, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 11.08.2022 Index : Yes / No Internet : Yes/ No rmi To 1.The District Collector, Offfice of the District Collectorate, Karur.

2.The Revenue Divisional Officer, Revenue Divisional Office, Karur.

3.The Tahsildhar, Aravakurichi Taluk, Aravakurichi, Karur District.

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G.R.SWAMINATHAN, J.

rmi 11.08.2022 4/4