Madras High CourtWP(MD)/19634/2022disposed of

Jothi .V v. The Revenue Divisional Officer

2022-08-25Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.19634 of 2022 V.Jothi ... Petitioner Vs.

1.The Revenue Divisional Officer, Melur Revenue Divisional Office, Vellaripatti, Melur Main Road, Madurai District-625 122.

2.The Tahsildar, Madurai East, Narasingam, Y.Othakkadai, Madurai.

3.S.Seenivasan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 2nd Respondent to issue the Legal Heirs Certificate for the deceased Periyachinnammal who died on 14.4.2007.

For Petitioner : Mr.K.Suresh Kumar For R1 & R2 : Mr.M.Sarangan Additional Government Pleader 1/4

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for R1 & R2.

2. Considering the nature of relief to be granted, issuance of notice to the private respondent is dispensed with.

3. It is seen from the materials on record that one Silamban got married to one Periyachinnammal. Even during the subsistence of the first marriage, the said Silamban got married to Chinnachinnammal. Silamban died in the year 1978. Periyachinnammal died on 14.04.2007. The petitioner wants legal heir certificate in respect of her mother. The third respondent is not processing the same in view of the objections raised by the third respondent.

4. In my view, the third respondent may not have any locus standi to do so. Be that as it may, the second respondent shall hold an enquiry and issue certificate after hearing the petitioner and the third respondent. This exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

5. The Writ Petition is disposed of accordingly. No costs. 25.08.2022 Index : Yes / No Internet : Yes/ No rmi 2/4

To 1.The Revenue Divisional Officer, Melur Revenue Divisional Office, Vellaripatti, Melur Main Road, Madurai District-625 122.

2.The Tahsildar, Madurai East, Narasingam, Y.Othakkadai, Madurai.

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G.R.SWAMINATHAN, J.

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