Madras High CourtWP(MD)/19833/2019disposed of

Pavalakodi v. The District Collector

2019-09-17Honourable Mr Justice M. Sundar2 pages

W.P(MD)No.19833 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR W.P(MD)No.19833 of 2019 Pavalakodi ... Petitioner vs.

1.The District Collector, Madurai District, Madurai.

2.The Thasildar, Madurai East, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents to consider the petitioner's application in No.TN7201907292006 dated 31.07.2019 on the file of the second respondent and issue the legal heirship certificate of her fatherin-law namely Duraikalai within the time frame fixed by this Court.

For Petitioner : Mr.Mark J.Jackson For Respondents : Mr.Aayiram K.Selvakumar, Additional Government Pleader.

ORDER

Mr.Mark J.Jackson, learned counsel on record for writ petitioner and Mr.Aayiram K.Selvakumar, learned Additional Government Pleader on behalf of both the respondents are before this Court.

2.With consent of learned counsel on both sides, main writ petition is taken up, heard out and is being disposed of. 3.Considering the trajectory of this matter in the hearing today, short facts shorn of elaboration will suffice. Suffice to say that writ petitioner applied on 31.07.2019 to the 'Village Administrative Officer' (hereinafter 'VAO' for brevity) seeking legal heir certificate qua her deceased father-in-law one Duraikalai, who died on 24.06.2019. It is the case of writ petitioner that Duraikalai's son-D.Ramesh, who is her spouse, died on 13.03.2016.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.19833 of 2019 4.After getting instructions, learned State counsel submits that VAO rejected the claim of writ petitioner dated 22.08.2019 on the ground that writ petitioner has sought legal heir certificate for her two minor daughters also and an order in this regard has also been passed by the Tahsildar on 05.09.2019. Hard copy (computer generated) of the order made by the second respondent, dated 05.09.2019, rejecting the legal heir certificate application, is handed over by the State counsel to the writ petitioner.

5.Therefore, prayer in the instant Writ Petition has become infructuous.

6.To be noted, prayer is for a simple Mandamus to dispose of writ petitioner's application dated 31.07.2019. 7.Therefore, instant Writ Petition is disposed of holding that prayer in the instant Writ Petition has become infructuous albeit preserving the rights of the writ petitioner to challenge the orders of VAO and Tahsildar, if the writ petitioner is so advised. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) ps To 1.The District Collector, Madurai District, Madurai.

2.The Thasildar, Madurai East, Madurai District.

+1 CC to M/s.V.SUKUMAR, Advocate ( SR-87289[F] dated 18/09/2019 ) +1 CC to M/s.SPL GP ( SR-87558[F] dated 18/09/2019 ) W.P(MD)No.19833 of 2019 17.09.2019 KM/(26.09.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2