Madras High CourtWP(MD)/11378/2017disposed of

M.Chitra @ Meenakshi v. The Tahsildar

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 and W.M.P.(MD) No.8755 of 2017 M.Chithra @ Meenakshi ... Petitioner /vs./ The Tahsildar, Devakottai Taluk, Sivagangai District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order in O.Mu.A7-1361-2017 dated 11.04.2017 passed by the respondent and quash the same and consequently directing the respondent to issue the legal heirship certificate to the petitioner. For Petitioner : Mr.Lakshmi Gopinathan for M/S.Polax Legal Solutions For Respondent : Mr.R.Suresh Kumar Additional Government Pleader 1/4

ORDER

This writ petition has been filed challenging the legal heir certificate issued by the respondent herein and to direct him to issue the legal heirship certificate to the petitioner.

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 authority 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 and other 2/4

interested parties, if any, and pass appropriate orders on merits and in accordance with law, within a period of six weeks from thereon. 4.With the above directions, the Writ Petition is disposed of. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

Index : Yes / No 15.11.2024 Internet : Yes / No mm To The Tahsildar, Devakottai Taluk, Sivagangai District.

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K.KUMARESH BABU, J.

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