S.M.Ganesan, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI S.M.Ganesan

...Petitioner

Vs.

1.The District Collector, Virudhunagar District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Sivakasi, Virudhunagar District.

3.The Tahsildar, Srivilliputhur Taluk, Virudhunagar District.

4.The Village Administrative Officer, S.Kodikulam Village, Srivilliputhur Taluk, Virudhunagar District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 2 to 4 to pass suitable order in 1/5

Oo.Mu.P3/28133/2015, dated 03.08.2015 in pursuance to the representation dated 29.07.2015 and its consequence representation dated 20.11.2015 within a stipulated time period and further directs the respondents 2 to 4 herein to conduct proper and fair enquiry in accordance with law.

For Petitioner :No appearance For Respondents :Mr.P.T.Thiraviam Government Advocate

O R D E R

This Writ Petition is filed by the petitioner for a Mandamus, directing the respondents 2 to 4 to pass orders in Oo.Mu.P3/28133/2015, dated 03.08.2015.

2.Since there was no representation for the petitioner on 14.06.2023, this writ petition was ordered to be listed on 16.06.2023 under the caption 'for dismissal'. Even today (16.06.2023), there is no representation for the petitioner.

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3.Learned Government Advocate appearing for the respondents, on instructions, submits that the petitioner's brother, namely Madasamy Thevar died on 15.11.2003 and on the application made by the wife of Madasamy Thevar, namely, Santhaal, a legal heir certificate was issued in the year 2013 by the concerned Tahsildar. The petitioner has raised objections and also submitted a representation to the District Collector, which was forwarded to the Revenue Divisional Officer in proceedings in Oo.Mu.P3/28133/2015, dated 03.08.2015. By referring the above proceedings, this writ petition is filed.

4.It appears that the petitioner has neither challenged the issuance of legal heir certificate nor has impleaded the private person as respondent in this writ petition. Since there is no representation for the petitioner on 14.06.2023 and on 16.03.2023, this writ petition is dismissed with a liberty to the petitioner to challenge the legal heir certificate issued in favour of the said 3/5

Sangathaal, in the manner known to law. No Costs. 16.06.2023 NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

vrn To 1.The District Collector, Virudhunagar District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Sivakasi, Virudhunagar District.

3.The Tahsildar, Srivilliputhur Taluk, Virudhunagar District.

4.The Village Administrative Officer, S.Kodikulam Village, Srivilliputhur Taluk, Virudhunagar District.

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B.PUGALENDHI, J.

vrn Order made in 16.06.2023 5/5