W.P.No.25348 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
W.P.No.25348 of 2022
D.Shanthi ..Petitioner
Vs.
The Tahsildar,
Ayanavaram Taluk Office,
Ayanavaram, Chennai – 600 023. ..Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of Writ of Mandamus, directing the respondent to dispose
of the application filed on 05.12.2019 and 24.03.2022 by the respondent to
issue the legal heir certificate of Late Mr.K.Srinivasan.
For Petitioner : Mr.P.Purushotham
For Respondent : Mr.Vadivelu Deenadayalan,
Additional Government Pleader
ORDER
Considering the limited prayer sought for in the Writ Petition, this Writ Petition is taken up for disposal at the admission stage with the consent of the learned counsel appearing for the parties.
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2. Petitioner seeks a writ of mandamus directing the respondents to issue legal heirship certificate certifying that she is the legal heir of Late K.Srinivasan.
3. The claim of the petitioner is that Late K.Srinivasan is her brother and she and her sisters are the only surviving Class-II legal heirs of Srinivasan. As per the judgment of the Hon'ble Full Bench of this Court in P.Venkatachalam Vs. The Tahsildar, Kumarapalayam Taluk dated 17.06.2022 in W.P.No.25247 of 2021 etc., batch, the Tahsildar has no power to issue certificate certifying a person as Class II legal heir.
4. In view of the same, this writ petition cannot be entertained.
Leaving it open to the petitioner to approach the appropriate civil Court, this writ petition is dismissed. No costs.
21.09.2022
dsa
Index : No
Internet : Yes
Speaking order
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https://www.mhc.tn.gov.in/judis W.P.No.25348 of 2022 To The Tahsildar, Ayanavaram Taluk Office, Ayanavaram, Chennai – 600 023.
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