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Madras High CourtWP(MD)/19013/2019disposed of

P.Sankarasekar v. The Tashsildar

2019-08-30Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.19013 of 2019 P.Sankarasekar

...Petitioner

-VsThe Tahsildar, Alangulam Taluk, Tirunelveli District.

...Respondent

Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondent to issue a legal heirship certificate in favour of the petitioner on the basis of the application No.TN 720190123279 dated 23.01.2019 pending on the file of the respondent.

For Petitioner : Mr.M.Sankar For Respondents : Mr.V.Anand Government Advocate

ORDER

The prayer in this writ petition is for a Writ of Mandamus, to direct the respondent to issue a legal heirship certificate in favour of the petitioner on the basis of the application No.TN 720190123279, dated 23.01.2019 pending on the file of the respondent.

2.Heard Mr.M.Sankar, learned counsel appearing for the petitioner and Mr.V.Anand, learned Government Advocate appearing for the respondent.

3.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 3.In order to get Legal Heir Certificate for the adopted mother of the petitioner, who died on 31.01.1990, the petitioner had given an application to the respondent on 23.01.2019 and on receipt of the same, an acknowledgement also had been given by the respondent on the very said date. However, till date, since the said application is not decided by the respondent, the petitioner has approached this Court.

4.The learned counsel appearing for the petitioner would submit that, if the said application is directed to be decided by the respondent on merits and in accordance with law, within a time frame https://hcservices.ecourts.gov.in/hcservices/

to be stipulated by this Court, the petitioner would be satisfied. 5.I have heard Mr.V.Anand, learned Government Advocate appearing for the respondent, who would submit that, the said application of the petitioner, dated 23.01.2019 would be decided on merits, within a time frame to be stipulated by this Court. 6.Considering the limited scope of the prayer sought for in this writ petition, this Court is inclined to dispose of this writ petition with the following directions:- "that the respondent is hereby directed to consider the representation of the petitioner, dated 23.01.2019 seeking for Legal Heir Certificate and pass final order thereon, within a period of six weeks from the date of receipt of a copy of this order."

7.With the above directions, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(Writs) // True Copy // Sub Assistant Registrar(CS) rmk To The Tahsildar, Alangulam Taluk, Tirunelveli District.

+1CC TO MR.M.SANKAR, Advocate Sr. No. 84894 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 84894 W.P.(MD)No.19013 of 2019 30.08.2019 SGS(CO) TR(02.12.2019)2P 4C https://hcservices.ecourts.gov.in/hcservices/