Moses v. The District Collector

1 W.P.(MD)NO.30796 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.30796 of 2023 AND W.M.P.(MD)No.26447 of 2023 Moses ... Petitioner Vs.

1. The District Collector, Madurai District.

2. The Tahsildar, Madurai North Taluk, Collectorate Campus, Maduai - 625 020.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 2nd respondent in his proceedings in Na.Ka.No.3274/2023/C1, dated 17.07.2023 and quash the same as illegal and consequent direction may be issued to the 2nd respondent to issue legal heir certificate to the petitioner for his brother Immanual Joshua within a stipulated time. For Petitioner : Mr.T.Augustine Ebenezer For Respondents: Mr.S.Ra.Ramachandran, Additional Government Pleader.

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2 W.P.(MD)NO.30796 OF 2023

O R D E R

Heard both sides.

2. While I do not interfere with the impugned order, considering the special facts and circumstances of this case, the petitioner is given one more opportunity.

3. The petitioner is directed to appear before the second respondent 22.02.2024 at 3.00 p.m. and place all the materials to show that he is a class-II legal heir of the deceased person. Based on the materials to be placed by the petitioner, the second respondent will pass an order afresh on merits and in accordance with law. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

21.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 2/4

3 W.P.(MD)NO.30796 OF 2023 To:

1. The District Collector, Madurai District.

2. The Tahsildar, Madurai North Taluk, Collectorate Campus, Maduai - 625 020.

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4 W.P.(MD)NO.30796 OF 2023 G.R.SWAMINATHAN,J.

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