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Madras High CourtWP(MD)/11173/2017allowed

Govindan, S/O.Late K.Veeranan v. The District Collector

2024-11-15Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Govindan ... Petitioner /vs./ 1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Madurai North, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for records pertaining to the impugned order in Mu.Mu.No.4159/2016/A2 dated 09.06.2017 on the file of the Respondent No.2 and quash the same as illegal and consequently to direct the 2nd respondent to issue legal heir certificate of petitioner's father late Veeranan. For Petitioner : Mr.R.Venkatesan For Respondents : Mr.R.Suresh Kumar Additional Government Pleader 1/4

ORDER

This writ petition has been filed challenging the legal heir certificate issued by the Tahsildar, Madurai.

2. Pursuant to the orders of the Full Bench of this Court in W.P.No.25247 of 2021 and batch cases dated 17.06.2022, the Government had issued an order in G.O.(Ms) No.478, Revenue and Disaster Management, Revenue Administration Wing, RA-3(2) Section, dated 29.09.2022, framing guidelines apart from providing appeal and revision powers against the grant of legal heir certificate. An appeal provision against an order of Tahsildar is also provided.

3. Hence, I am of the view that this Writ Petition is liable to be disposed of giving liberty to the petitioner to file an appeal before the Revenue Divisional Officer concerned within a period of three weeks from the date of receipt of a copy of this order. On receipt of the appeal, the authority concerned shall dispose of the same after issuing notice to all the parties concerned, namely the petitioner as well as the private respondents herein and pass appropriate orders on merits and in accordance with law, within a period of six weeks from thereon. 2/4

4.With the above directions, the Writ Petition is disposed of. However, there shall be no order as to costs.

Index : Yes / No 15.11.2024 Internet : Yes / No mm To 1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Madurai North, Madurai District.

3/4

K.KUMARESH BABU, J.

mm 15.11.2024 4/4