P.Ramachandran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR P.Ramachandran ... Petitioner Vs.

1.The District Collector, Virudhunagar, Virudhunagar District.

2.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3.The Tahsildar, Aruppukottai, Virudhunagar District.

4.The Revenue Inspector, Rettiyapatti, Aruppukottai, Virudhunagar District.

5.The Village Administrative Officer, Aruppukottai, Virudhunagar District.

6.V.Pandian ... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, direct the 1st respondent to take departmental action against the respondent No.2 to 5 based on the Petitioner's representation, dated 09.08.2023 and 06.10.2023.

For Petitioner : Mr.I.Velpradeep For R1 - R5 : Mr.S.Shaji Bino Special Government Pleader

ORDER

The present writ petition has been filed to initiate departmental action as against the respondents 2 to 5 on the ground that they have erroneously issued a Legal Heir Certificate in favour of the 6th respondent.

2. The Government of Tamil Nadu has issued G.O.Ms.No.478, Revenue & Disaster Management, Revenue Administration Wing, RA-3

(2) Section, dated 29.09.2022 , wherein guidelines have been issued for issuance of Legal Heir Certificate. As per clause 7 (1), as against the granting of Legal Heir Certificate by the Tahsildar, an appeal lies before the Revenue Divisional Officer and the appeal should be filed within a 2/5

period of one year from the date of issuance or rejection of the Legal Heir Certificate.

3. In the present case, the disputed Legal Heir Certificate has been issued only on 18.01.2023. The petitioner is having time till 18.01.2024 to file his appeal.

4. In view of the above said facts, this writ petition stands disposed of with a liberty to the writ petitioner to file an appeal before the 2nd respondent herein on or before 18.01.2024. In case, if any such appeal is filed, the same shall be disposed off after giving due opportunity to the writ petitioner and the rival parties within a period of six (6) months from the date of filing of the appeal.

5. With the above said observations, this Writ Petition stands disposed of. No costs.

04.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No gbg 3/5

To 1.The District Collector, Virudhunagar, Virudhunagar District.

2.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3.The Tahsildar, Aruppukottai, Virudhunagar District.

4.The Revenue Inspector, Rettiyapatti, Aruppukottai, Virudhunagar District.

5.The Village Administrative Officer, Aruppukottai, Virudhunagar District.

4/5

R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

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