Madras High CourtWP(MD)/20443/2021allowed

Karupayi v. The Thasildar

2021-12-10Honourable Mr Justice C.V. Karthikeyan2 pages

W.P(MD)No.20443 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.12.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD)No.20443 of 2021 Karupayi ... Petitioner Vs.

The Tahsildar, Madurai North, Madurai District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to consider petitioner representation dated 30.09.2021 and grant legal heirship certificate for the deceased petitioner's husband namely Ayyavu within time frame fixed by this Court.

For Petitioner : Mr.Mark J.Jackson For Respondent : Mr.J.John Rajadurai, Government Advocate.

ORDER

The petitioner had sought a legal heirship certificate for her deceased husband, Ayyavu. It is stated that a representation has been given on 30.09.2021.

2. Ayyavu had a first wife called Valliammai. She died on 09.04.2008. Thereafter, the petitioner, Karupayi married Ayyavu. There were no children for Ayyavu through Valliammai. On the other hand, the petitioner was blessed with a daughter Valli, who was born on 22.12.2009.

3. A direction is given to the respondent / the Tahsildar, Madurai North, Madurai District to examine the petitioner on the basis of her representation, examine the family members as stated above and thereafter, if found correct, proceed to issue legal heirship certificate to the petitioner and her daughter as legal heirs of Ayyavu. The said exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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W.P(MD)No.20443 of 2021

4. With the above observations, this Writ Petition is allowed. There shall be no order as to costs. Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) Lm/Nsr 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 The Tahsildar, Madurai North, Madurai District.

+1 CC to M/s.MARK J JACKSON, Advocate ( SR-38227[F] dated 10/12/2021 ) +1 CC to M/s.SPL GP ( SR-38340[F] dated 13/12/2021 ) W.P(MD)No.20443 of 2021 10.12.2021 USK (20.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2