Madras High CourtWP(MD)/7841/2018dismissed as infructuous

Abina v. The District Collector

2024-04-26Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2024

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN Abina ... Petitioner Vs.

1.The District Collector, Karur District.

2.The Thasildhar, Office of Thasildhar, Karur.

3.The Revenue Inspector, Karur Kuruvattam, Karur Taluk, Karur District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus, directing the respondents 2 and 3 to conduct re-enquiry as per their proceeding in letter in A1/8077/2017, dated 29.12.2017 and issue legal heirs certificate to the petitioner on the death of her mother Tamilarasi, who died on 03.05.2017, within the time frame as fixed by this Court.

For Petitioner : No Appearance For Respondents : Mrs.S.Jeyapriya Government Advocate Page No. 1 of 4

O R D E R

This Writ Petition has been filed for a direction to the respondents 2 and 3 to conduct re-enquiry as per their proceeding in Letter No. A1/8077/2017, dated 29.12.2017 and issue Legal Heirship Certificate to the petitioner on the death of her mother Tamilarasi, who died on 03.05.2017.

2. The learned Government Advocate for the respondents submits that the Writ Petition has become infructuous as a fresh Legal Heirship Certificate has also been issued to the petitioner, including her name and the same has also been filed along with Typed Set of Papers.

3. Paragraph No.3 of the counter affidavit filed by the second respondent read as under:- ''3. As regards the averments made in para 5 and 6 the affidavit, it is respectfully submitted that after perusal of records, it was ascertained by the Second Respondent that the deceased Manoj was the son of one Tmt.Vathsala Devi and was not the legal heir of the Petitioner's deceased mother Tmt.Tamilarasi. Hence, legal heirship certificate was issued to the Petitioner vide this office certificate R.Dis.8077/2017(A1) dated 20.06.2018.''

Page No. 2 of 4

4. Having perused the Legal Heirship Certificate issued on 20.06.2018 and in view of the averments made by the second respondent in Paragraph 3 of the counter affidavit, nothing survives for further adjudication in this Writ Petition. Therefore, this Writ Petition is dismissed as infructuous. No costs.

Index : Yes/ No 26.04.2024 smn2 To 1.The District Collector, Karur District.

2.The Thasildhar, Office of Thasildhar, Karur.

3.The Revenue Inspector, Karur Kuruvattam, Karur Taluk, Karur District.

Page No. 3 of 4

C.SARAVANAN , J.

smn2 26.04.2024 Page No. 4 of 4