Madras High CourtWP(MD)/13079/2013disposed of

Naatarajan, v. The Tahsildar,

2015-01-13Honourable Mr Justice B. Rajendran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.01.2015

CORAM:

THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD)No.13079 of 2013 Natarajan ... Petitioner Vs.

The Tahsildar, Thuraiyur, Trichy District.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondent to issue legal heirship certificate to the petitioner on the basis of the Will executed by his wife Thylamaiammal dated 02.11.1992. For Petitioner : Mr.V.Singan For Respondent : Mr.S.Chandrasekar Government Advocate

O R D E R

The Writ Petition has been filed for a Mandamus directing the respondent to issue legal heirship certificate to the petitioner on the basis of the Will executed by his wife Thylammal dated 02.11.1992.

2. The learned Government Advocate appearing for the respondent would submit that on enquiry made by the Village Administrative Officer, they came to know the death of Thylammal on 02.11.1992. There are three legal heirs viz., her husband Natarajan, her daughter Malarvizhi and another daughter Mallika. First daughter Malarvizhi is married and she is residing along with her husband in Venkatachalapuram Village and the second daughter Mallika is also married and she is residing at Virugambakam, Chennai.

3. In view of the enquiry made now, they will pass appropriate orders. Therefore, the respondent is directed to consider the representation of the petitioner dated 04.06.2013 and pass appropriate orders as expeditiously as possible, as per their enquiry. But the order https://hcservices.ecourts.gov.in/hcservices/ will be in accordance with the legal heirship certificate and not as per

the Will, because it is for the petitioner to take appropriate steps to get the Will probate or otherwise that the legal heirship certificate will only confines to the legal heirs of the deceased. With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(RTI) /TRUE COPY/ Sub Assistant Registrar To The Tahsildar, Thuraiyur, Trichy District.

+1cc to Mr.V.Singan,Advocate, SR.No.2100 +1cc to Special Govt.Pleader SR.No.1996 W.P.(MD)No.13079 of 2013 13.01.2015 akv PA/03.02.15/2P/4C https://hcservices.ecourts.gov.in/hcservices/