Robertselvaraj v. The State Of Tamilnadu Rep By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2024
CORAM:
THE HONOURABLE MR.D.KRISHNAKUMAR, THE ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.20964 of 2018 and W.M.P.(MD)Nos.18747 & 18748 of 2018 Robertselvaraj ... Petitioner -Vs1.The State of Tamil Naud, rep. by Principal Secretary / Commissioner of Revenue Administration, Revenue Administration, Disaster Management and Mitigation, Chepauk, Chennai-600 005.
2.The Commissioner of Municipal Administration, Municipal Administration Department, Ezhilagam Annex, 6th Floor, Chapauk, Chennai-600 005.
3.The Director E-Governance, Directorate of E-Governance, No.9, Kavingar Bharathidasan Road, Alwarpet, Chennai-600 018.
Fax No.+91-44-24337381.
4.Tamil Nadu Electricity Generation and Distribution Co., Rep. by its General Manager, NPKRR Maligai, 144 Anna Salai, Chennai-600 002.
5.Tamil Nadu Electricity Regulatory Commission, Rep. by its Secretary, No.19A, Rukumini Lakshmipathy Salai, Egmore, Chennai-600 008.
Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, to declare that Circular No.11/2017 Rc.No.RA5(3)/180/2017 dated 09.08.
2017 issued by the 1st respondent providing for the issuance of legal heirship certificate to the citizens by the Department of Revenue is illegal and unconstitutional, consequently, to direct the 4th respondent not to insist on the production of legal heir certificate for the purpose of giving any service to the public while carrying out their duties under Electricity Act 2003 and only by ascertaining prima facie title of the parties from the testamentary documents or partition decrees or awards or deeds or agreements and in case of intestate succession, from sources other than the legal heir certificate other revenue and tax records (in the absence of any directions / injunction by the civil court competent) and to issue directions to the 2nd respondent to make appropriate arrangement under the local bodies constituted in Tamil Nadu District Municipalities Act and other local body laws, to ascertain the succession to the estate of the deceased property owners from the legal sources other than legal heir certificate and other revenue and tax records and to ensure that the property tax records are updated with reference to Adhaar number or other viable means of identification periodically.
For Petitioner : Mr.S.Jayavel For R1 & R2 : Mr.P.Thilakkumar, Government Pleader For R3 : No Appearance For R4 : Mr.S.Deenadhayalan, Standing Counsel For R5 : Mr.S.P.Maharajan, Standing Counsel
ORDER
[Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE] The learned counsel appearing for the petitioner seeks permission of this Court to withdraw this Writ Petition. He has also made an endorsement to that effect in the case bundle.
2.Recording the same, this Writ Petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are closed. [D.K.K., A.C.J.] & [R.V., J.] 26.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva
D.KRISHNAKUMAR, A.C.J.
AND R.VIJAYAKUMAR , J.
Yuva To 1.The Principal Secretary / Commissioner of Revenue Administration, Revenue Administration, Disaster Management and Mitigation, Chepauk, Chennai-600 005.
2.The Commissioner of Municipal Administration, Municipal Administration Department, Ezhilagam Annex, 6th Floor, Chapauk, Chennai-600 005.
W.P.(MD)No.20964 of 2018 26.07.2024