Rengasubramanian v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2021

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Rengasubramanian ... Petitioner Vs.

1. The District Collector, Trichy District.

2. The Revenue Divisional Officer, Srirangam Division, Trichy District.

3. The Tahsildar, Manapparai Taluk, Manapparai, Trichy District.

4. Chinnamani

5. Renuga

6. Sathya

7. Senthil Kumar ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to dispose the Appeal preferred by the fourth respondent in Na.Ka.No.G4/22174/2020, dated 02.10.2020 against the order of the second respondent cancelling the legal heirship certificate in Na.Ka.No.A8/4546, dated 15.10.2018 with the time frame as fixed by this Court.

For Petitioner : Mr.J.Lawrence For Respondents : Mr.K.S.Selva Ganesan, Counsel for the State, for R1 to R3

O R D E R

The petitioner seeks the expeditious disposal of the appeal filed by the fourth respondent before the first respondent against the order dated 15.10.2018 of the second respondent.

2. The petitioner states that certain properties originally 1/3

belonged to one Alagar Maniam, who is the brother of his grandfather. The said Alagar Maniam died leaving behind one A.Nalluchamy as his sole legal heir. As the brother's son of the said A.Nalluchamy, the petitioner has made a claim to the estate of the said A.Nalluchamy. Initially, it appears that the legal heir certificate was issued in favour of respondents 4 to 7. Such certificate was cancelled by order dated 15.10.2018 at the instance of the petitioner. Respondents 4 to 7 have challenged the said order by filing an appeal before the first respondent. The petitioner seeks the early disposal of such appeal.

3. Mr.K.S.Selva Ganesan, learned counsel for the State, accepts notice on behalf of respondents 1 to 3. In view of the relief claimed in the writ petition and the nature of the order proposed to be passed, notice to the private respondents is dispensed with.

4. As indicated above, it is not necessary to go into or enter any findings on the merits of the matter in this proceeding. Instead, it is sufficient to direct the first respondent to dispose of the pending appeal at an early date after provide a reasonable opportunity to the petitioner and the private respondents herein.

5. Accordingly, without going into the merits of the matter, the first respondent is directed to consider and dispose of the appeal filed by the fourth respondent in Na.Ka.No.G4/22174/2020, dated 02.10.2020 within a period of four months from the date of receipt of a copy of this order after providing a reasonable opportunity to the petitioner and the private respondents herein.

6. W.P(MD).No.17989 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn To

1. The District Collector, Trichy District.

2. The Revenue Divisional Officer, Srirangam Division, Trichy District.

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3. The Tahsildar, Manapparai Taluk, Manapparai, Trichy District.

+1 CC to M/s.J.LAWRANCE, Advocate ( SR-31360[F] dated 06/10/2021 ) +1 CC to M/s.SPL.GP ( SR-31528[F] dated 07/10/2021 ) 05.10.2021 RD(20.10.2021) 3P 6C 3/3