M.Kolanjiammal vs The Revenue Divisional Officer
2021 Latest Caselaw 11210 Mad

                                                                             W.P.(MD)No.8903 of 2021
                                                       M.Kolanjiammal v. The Revenue Divisional Officer

                            BEFORE THE MADURAI BENCH OF MADRAS HIGH Court
                                                    DATED: 30.04.2021
                                                        CORAM:
                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                               W.P.(MD)No.8903 of 2021
                                             (Through Video Conferencing)

                     M.Kolanjiammal                                              ... Petitioner
                                                           Vs.

                     1.The Revenue Divisional Officer,
                       Office of the Revenue Divisional Office,
                       Collectorate Complex,
                       Tiruchirappalli.

                     2.The Tahsildar
                       The Taluk Office,
                       Trichy West,
                       Tiruchirappalli                                           ... Respondents

                     PRAYER : Writ Petition is filed under Article 226 of the Constitution of
                     India for issuance of a Writ of Mandamus to direct the 1st respondent
                     appellate authority herein to dispose the appeal dated 09.03.2021 filed by
                     the petitioner within the time fixed by this Court.


                                   For Petitioner     :Mr.K.Rajesh
                                   For Respondents :Ms.M.Rajeshwari
                                                   Government Advocate

                     1/5



https://www.mhc.tn.gov.in/judis/
                                                                               W.P.(MD)No.8903 of 2021
                                                         M.Kolanjiammal v. The Revenue Divisional Officer


                                                          ORDER

This writ petition has been filed for the issue of a writ of mandamus

directing the first respondent to act upon the representation/appeal made by

the petitioner on 09.03.2021 and to pass orders within the time frame fixed

by this Court.

2.The case of the petitioner is that she is the legally wedded wife of

one Late Kalian. According to the petitioner, her husband died on

21.07.2008 leaving behind the petitioner and her two children. The

grievance of the petitioner is that one Valli, who had an illicit relationship

with the husband of the petitioner, managed to get a legal heirship certificate

in her name. Therefore, the petitioner filed a suit in O.S.No.1403/2011

before the Principal District Munsif Court, Trichy, seeking for a declaration

to declare that she is the legally wedded wife of Late Kaliyan. The suit was

decreed by judgment and decree dated 31.01.2020.

https://www.mhc.tn.gov.in/judis/ W.P.(MD)No.8903 of 2021 M.Kolanjiammal v. The Revenue Divisional Officer

3. The petitioner, thereafter, made a representation/appeal before the

first respondent on 09.03.2021 to cancel the legal heirship certificate issued

in favour of Valli. Since the same was not considered, the present writ

petition has been filed before this Court.

4. Heard the learned counsel for the petitioner and the learned

Additional Government Pleader for the respondents.

5. Taking into consideration the facts and circumstances of the case

and the limited relief sought for in this writ petition, there shall be a

direction to the first respondent to consider the representation/appeal filed

by the petitioner on 09.03.2021 and deal with the same on its own merits

and in accordance with law after affording an opportunity to the petitioner

and the above said Valli and pass final orders within six weeks the date of

receipt of a copy of this order.

https://www.mhc.tn.gov.in/judis/ W.P.(MD)No.8903 of 2021 M.Kolanjiammal v. The Revenue Divisional Officer

6. The petitioner is directed to make a fresh representation to the first

respondent along with all the relevant documents and also a copy of this

order.

7. This writ petition is disposed of with the above direction. No costs.

                                                                                             30.04.2021
                     Internet        : Yes

                     RR

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To

1.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Collectorate Complex, Tiruchirappalli.

2.The Tahsildar The Taluk Office, Trichy West, Tiruchirappalli

https://www.mhc.tn.gov.in/judis/ W.P.(MD)No.8903 of 2021 M.Kolanjiammal v. The Revenue Divisional Officer

N.ANAND VENKATESH, J.

RR

W.P.(MD)No.8903 of 2021

30.04.2021

https://www.mhc.tn.gov.in/judis/