Madras High CourtWP(MD)/12109/2013disposed of

G. Leelavathi v. District Collector

2015-02-02Honourable Mr Justice B. Rajendran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2015

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition (MD)No.12109 of 2013 G.Leelavathi ... Petitioner Vs.

1. The District Collector, Virudhunagar District.

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

3. The Tahsildar, Aruppukottai, Virudhunagar District.

4. The Tahsildar, Kariyapatti, Virudhunagar District.

5. A.Jeyalakshmi

6. A.Subburaj

7. A.Sivakamakshi

8. A.Chandrasekar (R-5-R8 impleaded as respondents as per order of this Court dated02.02.2015 made in M.P.(MD)No.1 of 2013).

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 2nd respondent to conduct a fresh enquiry and re issue legal heir certificate.

For Petitioner : Ms.K.Shoba for M/s.Sun Associates For Respondents 1-4 : Mr.S.Chandrasekar, Government Advocate.

For Respondents 5-8 : Mr.S.C.Herold Singh https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The present writ petition has been filed for a Mandamus directing the second respondent to conduct fresh enquiry and reissue legal heir certificate.

2.It is seen that the second wife's children have obtained legal heir certificate without impleading her and therefore, she raised objection before the Revenue Divisional Officer. 3.It is stated that though initially an enquiry was sought for, subsequently, it is stated that the objection filed by the petitioner has been withdrawn.

4.According to the learned counsel for the petitioner, the petitioner has never withdrawn her objections. 5.In view of the above, the authorities shall give notice to both the parties and enquire into the matter and pass appropriate orders on merits and in accordance with law, within a period of four months from the date of receipt of a copy of this order.

6.With the above observation, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(T & P) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Virudhunagar District. 2.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District.

3.The Tahsildar, Aruppukottai, Virudhunagar District. 4.The Tahsildar, Kariyapatti, Virudhunagar District. +1cc to M/s.Sun Associates, Advocate, in SR. No.4746. Writ Petition (MD)No.12109 of 2013 02.02.2015 sms msm 20.02.2015 p2/6c https://hcservices.ecourts.gov.in/hcservices/