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Madras High CourtWP(MD)/7001/2017dismissed

R.Kalimuthu(M/50/17), v. The Tahsildar,

2023-06-09Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI R.Kalimuthu ... Petitioner versus The Tahsildar, Paramakudi Taluk, Ramanathapuram District.

... Respondent Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondent to issue Legal Heir Certificate to the petitioner by considering the petitioner's representation dated 17.03.2017 within a time frame to be fixed by this Court.

For Petitioner : Mr.A.Robinson For Respondent : Mr.P.T.Thiraviam, Government Advocate

ORDER

This writ petition has been filed for a Mandamus, directing the respondent to issue a Legal Heir Certificate to the petitioner by 1/4

considering his representation dated 17.03.2017.

2. The learned Government Advocate appearing for the respondent submits that the petitioner is the son of the second wife of the deceased employee and he can obtain a legal heir certificate only through the competent Court.

3. Recording the submission made by the learned Government Advocate, this writ petition is dismissed by granting liberty to the petitioner to file a suit for declaring him as a legal heir, before the competent Court. If such a suit is filed, the Court shall exclude the period of litigation spent in this writ petition while calculating the limitation period. No costs.

09.06.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet: Yes / No.

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To The Tahsildar, Paramakudi Taluk, Ramanathapuram District.

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B.PUGALENDHI, J.

ogy 09.06.2023 4/4