Antony v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2025
CORAM
THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.25920 of 2025 Antony ..Petitioner Vs
1. The District Collector, Office of the District Collector, Thirunelveli District.
2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Thirunelveli District.
3. The Thaslidar, Office of the Thaildar, PalayamkottaiTaluk, Thirunelveli District.
4. Jeyam ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the Respondent No.3 to issue legal heir Certificate on the basis of petitioner's representation dated 02.08.2025 and the communication issued by the Respondent No.2 in accordance with law within the time stipulated by this Court. 1/5
For Petitioner : Mr.R.Alagumani For Respondents : Mr.D.Sasikumar Additional Govt. Pleader (for R1 to R3)
ORDER
This writ petition has been filed seeking issuance of a Writ of Mandamus, to direct the third respondent to issue legal heir Certificate on the basis of petitioner's representation dated 02.08.2025 and the communication issued by the second respondent in accordance with law within the time stipulated by this Court.
2. Mr.D.Sasikumar, learned Additional Government Pleader, takes notice for the respondents 1 to 3. Since no adverse order is going to be passed as against the fourth respondent, notice to him is dispensed with. By consent of parties, this writ petition is taken up for final disposal at the admission stage itself.
3. The petitioner submits that he is one of the legal heirs of his late father, Susai Manickam, who passed away on 28.11.1972. The petitioner applied for the issuance of a legal heir certificate on 03.09.2024, mentioning the names of all his brothers and sister and enclosing their Aadhaar Cards, except that of his younger brother, namely the fourth respondent herein, who deliberately refused to provide the same. The said application was 2/5
rejected on 02.08.2025 solely on the ground of non-enclosure of the Aadhaar Card of the fourth respondent. Thereafter, on 02.08.2025, the petitioner submitted a representation to respondents 1 to 3, pursuant to which the second respondent issued a communication dated 07.08.2025. However, no further action has been taken. Hence, the petitioner has approached this Court.
4. The learned Additional Government Pleader, appearing for the respondents 1 to 3, would submit that the representation of the petitioner will be considered in accordance with law.
5. In view of the above, without expressing any opinion on the merits of the matter, the third respondent is directed to dispose of the petitioner's representation dated 02.08.2025 and pass final orders on its own merits, after affording a reasonable opportunity to the petitioner, within a period of three weeks from the date of receipt of a copy of this order. It is needless to state that if the fourth respondent does not co-operate in the enquiry, orders shall be passed on the available records.
6. With the above directions, this writ petition stands allowed. No costs.
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To
1. The District Collector, Office of the District Collector, Thirunelveli District.
2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Thirunelveli District.
3. The Thaslidar, Office of the Thaildar, PalayamkottaiTaluk, Thirunelveli District.
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P.T.ASHA, J.
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