Vairam v. The Dist.Collector

W.P(MD)No.19757 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD)No.19757 of 2021 Vairam ... Petitioner Vs.

1.The District Collector, Dindigul District.

2.The Revenue Divisional Officer, Palani, Dindigul District.

3.The Tahsildar Palani, Dindigul District.

4.The Commissioner, Palani Municipality, Dindigul District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the third respondent to include the petitioner's name in the legal heir certificate issued by the third respondent dated 05.02.2021 in Pa.Mu.No.413/2021/A2.

For Petitioner : Mr.R.Alagarsamy For Respondents 1 to 3 : Mr.D.Gandhi Raj Government Advocate For 4th Respondent : Mr.L.P.Maurya

O R D E R

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.The petitioner claims to be one of the legal heirs of the deceased Maruthachalam, who was working as Bill Collector in the office of the Commissioner, Palani Municipality, Dindigul District. He retired on 30.06.1987 and died on 19.12.2019. The petitioner claims that there was a earlier wife of Maruthachalam and after her death, she has been married to him.

3.The petitioner grievance is that her name has not been mentioned as a legal heir in the legal heir certificate issued by the third respondent. In this connection, the petitioner had given a representation and present writ petition has been filed seeking consideration of the said representation.

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

W.P(MD)No.19757 of 2021 4.A direction is issued to the third respondent to issue notice to the petitioner and to all the named legal representatives in the certificate already issued by the third respondent examine whether the petitioner has necessary documents to prove her case and thereafter, if it is found that the petitioner is entitled to be included as a legal heir, issue a fresh certificate. The entire exercise should be completed within a period of sixteen weeks from the date of receipt of a copy of this order.

5.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) rm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To 1.The District Collector, Dindigul District.

2.The Revenue Divisional Officer, Palani, Dindigul District.

3.The Tahsildar Palani, Dindigul District.

4.The Commissioner, Palani Municipality, Dindigul District +1 CC to M/s.SPL.GP (SR-33905[F] dated 10/11/2021) W.P(MD)No.19757 of 2021 09.11.2021 PS(CO) GC/NS(22.11.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2