Muthusamy v. The Tashildar
W.P.(MD)No.21425 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2021
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.21425 of 2021 and WMP(MD)No.17987 of 2021 Muthusamy ... Petitioner vs.
1.The Tahsildar, Taluk Office, Alangulam Taluk, Tenkasi District.
2.The Revenue Inspector, Office of the Revenue Inspector, Nettur, Alangulam Taluk, Tenkasi District.
3.The Village Administrative Officer, Kavakurichi, Alangulam Taluk, Tenkasi District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records of the impugned order of respondents passed in the petitioner's online Application No.TN-720211119412, Transaction Reference No.TNTACTNVO3816309, dated 19.11.2021 and consequently, to direct the respondents to issue the legal heir certificate of the petitioner's father Late Shanmugam, based on considering the petitioner's online application, dated 19.11.2021. For Petitioner : Mr.V.Muthuvelan For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader
O R D E R
This Writ Petition has been filed in the nature of Certiorarified Mandamus seeking interference with the order of the first respondent with respect to the online application of the petitioner, dated 19.11.2021 and to direct the said respondent to issue legal heirship certificate with respect to the petitioner's father, Late.Shanmugam.
2.Heard Mr.V.Muthuvelan, learned Counsel for the petitioner and Mr.N.Satheesh Kumar, learned Additional Government Pleader appearing for the respondents.
https://hcservices.ecourts.gov.in/hcservices/ 3.The petitioner has stated in his affidavit that his father 1/2
W.P.(MD)No.21425 of 2021 Shanmugam and his mother died quite a long back and he had applied for legal heirship certificate on 19.11.2021 through online. However, the first respondent appears to have rejected the said application by holding that the petitioner was not residing in Kavalakurichi, Alangulam, Tenkasi District. However, it is stated that the said Kavalakurichi is the native place of the petitioner. 4.Therefore, there is an obligation on the part of the first respondent/Tahsildar, to examine the petitioner, obtain necessary documents and necessary explanation, instead of rejecting it without entering into a discussion on those aspects. 5.In view of these facts, the order which is now impugned is set aside.
The matter is reverted back to the first respondent, who may on the very same application of the petitioner, issue notice to the petitioner, examine the records of the petitioner and thereafter, proceed further, if all other records are in order and issue legal heirship certificate with respect to the father of the petitioner, Shanmugam, within a period of sixteen weeks from the date of receipt of a copy of this order.
6.With the said directions, this Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To 1.The Tahsildar, Taluk Office, Alangulam Taluk, Tenkasi District.
2.The Revenue Inspector, Office of the Revenue Inspector, Nettur, Alangulam Taluk, Tenkasi District.
3.The Village Administrative Officer, Kavalakurichi, Alangulam Taluk, Tenkasi District.
+1 CC to M/s.SPL.GP (SR-39721[F] dated 21/12/2021) W.P.(MD)No.21425 of 2021 20.12.2021 SE(CO)/SB(04.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2