Madras High Court
S.Fowsiya Begam vs The Tahsildar on 30 March, 2022
W.P.(MD)No.5605 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.5605 of 2022
S.Fowsiya Begam .. Petitioner
Vs
The Tahsildar,
Natham Taluk,
Dindigul District,
Dindigul. .. Respondent
PRAYER: Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus directing the respondent to issue legal heir
certiorari in favour of the petitioner, her brother namely Abdul Azeez and
her mother namely Paarija Beevi as legal heirs of petitioner's father late
Sheik Abdul Razheed within a time limit stipulated by this Court.
For Petitioner : Mr.S.Anwar Sameem
For Respondent : Mr.M.Lingadurai
Special Government Pleader
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.5605 of 2022
ORDER
This writ petition has been filed for a Mandamus seeking for a
direction to the respondent to issue Legal Heirship Certificate for the
deceased Sheik Abdul Rasheed in favour of the petitioner, her brother
namely Abdul Azeez and her mother namely Paarija Beevi, within a time
frame to be fixed by this Court, based on the petitioner's application.
2.According to the petitioner, Sheik Abdul Rasheed is her father.
He died on 08.05.2014, leaving behind the petitioner, his son Abdul
Azeez and his wife Paarija Beevi, as his only legal heirs. The petitioner
has applied for Legal Heirship Certificate for the deceased Sheik Abdul
Rasheed with the respondent. Since there were rival claimants, who
were also claiming to be the legal heirs of the deceased, the petitioner's
application has not been perused yet. It is also stated in the affidavit
filed in support of the writ petition that the suit filed by the rival claimant
in O.S.No.33 of 2017, on the file of the District Munsif Court, Natham,
has also got dismissed on 03.08.2021 and no appeal has been filed as
against the said Judgment. Therefore, according to the petitioner, the
petitioner and the persons mentioned supra are the only legal heirs of the
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W.P.(MD)No.5605 of 2022
deceased Sheik Abdul Rasheed. Since the application submitted by the
petitioner has not been considered till date, the petitioner has filed this
writ petition.
3.Heard Mr.S.Anwar Sameem, learned counsel appearing for the
petitioner and Mr.M.Lingadurai, learned Special Government Pleader,
who accepts notice on behalf of the respondent.
4.No prejudice will be caused to the respondent, if the petitioner's
application seeking for issuance of Legal Heirship Certificate for the
deceased Sheik Abdul Rasheed, who died on 08.05.2014, is considered
on merits and in accordance with law, after affording a fair hearing to the
petitioner and other legal heirs of the deceased Sheik Abdul Rasheed,
within a time frame to be fixed by this Court. Subsequent to the
submission of the application, seeking for Legal Heirship Certificate, the
petitioner has also given a representation on 16.08.2021, to the
respondent.
5.The petitioner has also filed documents along with the writ
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W.P.(MD)No.5605 of 2022
petition to show that Sheik Abdul Rasheed died on 08.05.2014. The
Judgment and Decree passed in O.S.No.33 of 2017, by the learned
District Munsif, Natham, has also been filed along with the writ petition,
to show that the suit filed by the rival claimants has also got dismissed.
All these documents will have to be considered by the respondent while
considering the petitioner's application seeking for issuance of Legal
Heirship Certificate for the deceased Sheik Abdul Rasheed.
6.The learned Special Government Pleader for the respondent on
instructions would submit that the petitioner will have to submit an
online application and then only the respondent will be in a position to
process the said application. The said statement is recorded.
7.The learned counsel for the petitioner on instructions would
submit that the petitioner is willing to submit a fresh online application
to the respondent seeking for issuance of Legal Heirship Certificate for
Sheik Abdul Rasheed. The said submission is recorded.
8.Accordingly, this Court directs the petitioner to submit a fresh
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W.P.(MD)No.5605 of 2022
online application to the respondent seeking for issuance of Legal
Heirship Certificate for Sheik Abdul Rasheed, who died on 08.05.2014.
On receipt of the said application, the respondent shall pass final orders
on merits and in accordance with law, after affording a fair hearing to the
petitioner and other legal heirs of the deceased Sheik Abdul Rasheed and
any other necessary party, whom the respondent deems fit to enquire,
within a period of twelve weeks from the date of receipt of the online
application from the petitioner.
9.With the aforesaid directions, this writ petition is disposed of. No
costs.
30.03.2022
Index: Yes/No
Internet : Yes/No
TM
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.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.5605 of 2022
ABDUL QUDDHOSE, J.
TM
To
The Tahsildar,
Natham Taluk,
Dindigul District,
Dindigul.
W.P.(MD)No.5605 of 2022
30.03.2022
https://www.mhc.tn.gov.in/judis
