Madras High CourtWP(MD)/27665/2022disposed of

Vellathai v. The District Collector

2023-01-05Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN WP (MD)No.27665 of 2022 Vellathai ... Petitioner v.

1.The District Collector, Office of the Collectorate Building, Tirunelveli District.

2.The Tahsildar, Manoor, Tirunelveli District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the order passed by the 2nd respondent in Oo.Mu.Aa1/937/2022 dated 26.06.2022 quash the same and consequently direct the 2nd respondent to alter the legal heir certificate issued in Pa.Mu.No.01/19551/2010 dated 08.10.2010 by putting the petitioners name as Vellathai instead of Shanmugathai and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner : Mr.D.S.Haroon Rasheed 1/4

For Respondents : Mr.M.Lingadurai, Special Government Pleader

ORDER

Heard the learned counsel on either side.

2.One Maruthappa Konar passed away on 10.08.2010. In the legal heir certificate issued following his demise, the petitioner instead of being mentioned as Vellathai was erroneously mentioned as Shanmugathai. The petitioner seeks correction. The said request was not accepted by the jurisdictional Tahsildar on the ground that it was not submitted within time. That led to the filing of this writ petition. 3.These are not matters in which technical rules of limitation should be applied. The impuged communication is not an order warranting interference. It is only an information given to the petitioner. The petitioner is directed to re-submit her application for correction. The second respondent will entertain the same. If the second respondent is satisfied that the petitioner's contention is correct, appropriate correction will be made in the legal heir certificate within a period of twelve weeks from the date date of receipt of the petitioner's application. 2/4

4.The writ petition is disposed of accordingly. No costs. 05.01.2023 Index : Yes / No Internet : Yes/ No skm To:

1.The District Collector, Office of the Collectorate Building, Tirunelveli District.

2.The Tahsildar, Manoor, Tirunelveli District.

3/4

G.R.SWAMINATHAN, J.

SKM WP (MD)No.27665 of 2022 05.01.2023 4/4