Madras High CourtWP(MD)/20491/2021disposed of

Sheik Jamaludeen v. The Tashildar

2021-11-17Honourable Mr Justice C.V. Karthikeyan2 pages

W.P(MD)No.20491 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD)No.20491 of 2021 Sheik Jamaludeen ... Petitioner Vs.

The Tahsildar, Ramanathapuram Taluk, Ramanathapuram District.

... Respondent PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned order passed by the respondent in O.Mu.A3/8080/2021 dated 27.08.2021 against the application for legal heirship certificate of the petitioner in application No.132 dated 09.08.2021 and quash the same as illegal and consequently direct him to issue legal heir certificate of the petitioner father Mr.Seeni Ahamed Kabeer.

For Petitioner : Mr.A.Balaji For Respondent : Mr.N.Satheesh Kumar Additional Government Pleader

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 is aggrieved by an order of the respondent declining to grant legal heirship certificate with respect to his deceased father Seeni Ahamed Kabeer. In the impugned order, the Tahsildar, has observed that Seeni Ahamed kabeer had two wives. The petitioner is one of the sons of the first wife. There are also children through the second wife.

3.The petitioner had apparently had given a list of legal representatives to be included which also included the second wife. The Tahsildar, had declined to grant such request. 4.Let the Tahsildar make a further enquiry with respect to the application made by the petitioner herein and the petitioner may, call upon the Tahsildar, to include his mother, his brothers and sisters and his brothers and sisters born through the second wife of his father. Let the Tahsildar make necessary enquiry with respect to the same and pass appropriate orders. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.20491 of 2021 5.With the above observation, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (W) // 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 The Tahsildar, Ramanathapuram Taluk, Ramanathapuram District.

+1 CC to M/s.A.BALAJI, Advocate ( SR-35267[F] dated 19/11/2021 ) +1 CC to M/s.SPL GP ( SR-34959[F] dated 18/11/2021 ) W.P(MD)No.20491 of 2021 17.11.2021 RS (02.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2