Soosai vs The District Collector
2022 Latest Caselaw 17404 Mad

                                                       1

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED 08.11.2022

                                                     CORAM

                       THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                        W.P(MD)No.25312 of 2022

                Soosai                                                  ..Petitioner

                                                      Vs

                1.The District Collector,
                  Tiruchirappalli District,
                  Tiruchirappalli.

                2.The Tahsildar,
                  Taluk Office,
                  Manapparai,
                  Tiruchirappalli District.                             ..Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to issue legal heirship certificate to the Petitioner based on the judgment, dated 8.10.2013 made in O.S.No.385 of 2012, by the District Munsif, Manapparai and based on the Petitioner's representation, dated 26.09.2022 given to the respondents.

For Petitioner :Mr.T.M.Madasamy

For Respondents:Mr.D.Gandhiraj 1 and 2 Special Govt.Pleader

0RDER

The Petitioner has prayed for issuance of a Writ of Mandamus

directing the second respondent to issue legal heirship certificate to the https://www.mhc.tn.gov.in/judis Petitioner based on the judgment, dated 8.10.2013 made in O.S.No.385

of 2012, by the District Munsif, Manapparai and based on the Petitioner's

representation,dated 26.09.2022 given to the respondents.

2.Mr.D.Gandhiraj, learned Special Government Pleader takes notice

for the respondents 1 and 2. By consent of both parties, the Writ Petition

is taken up for final disposal at the admission stage itself.

3.The case of the Petitioner is that the Petitioner's father namely,

Arockiyam lived with the Petitioner in Etchimarathupatti, Hamlet of

Mookkareddipatti Village, Manapparai Taluk, Tiruchirappalli District and on

28.6.1990, the Petitioner's father died due to illness, leaving her mother

Mariyammal and the petitioner himself as his legal heirs. After that her

mother also died on 5.6.1999.Then the Petitioner is the only legal heir of

his father. Whileso, the Petitioner submitted an application to the second

respondent in the year 2012 seeking for legal heirship certificate and the

same was refused stating that the Petitioner's application is made after

ten years and advised the Petitioner to approach the Court of Law and

get appropriate orders for issuance of legal heirship certificate. Hence, the

Petitioner filed O.S.No.385 of 2012, on the file of the District Munsif Court,

Manapparai to declare the Petitioner herself as the only legal heir of her

father namely, Arockiam and the suit was decreed on

8.10.2013.Thereafter, the Petitioner submitted a representation to the

second respondent on 26.09.2022, marking a copy to the first https://www.mhc.tn.gov.in/judis

respondent. Since no action was taken till date, the Petitioner has come

forward with this Writ Petition for the relief stated supra.

4.The learned Special Government Pleader appearing for the

respondents 1 and 2 would submit that the Petitioner's representation,

dated 26.09.2022 will be considered by the authorities concerned based

on the decree passed in O.S.No.385 of 2012 and appropriate orders will

be passed, as per law, within the time limit specified by this Court.

5.In view of the above submission, this Court, without going into the

merits of the matter, directs the second respondent to consider the

representation of the Petitioner, dated 26.09.2022 and pass appropriate

orders on merits and in accordance with law and based on the decree

passed in O.S.No.385 of 2002,dated 8.10.2013, on the file of the District

Munsif Court, Manapparai, within a period of twelve weeks from the date

of receipt of a copy of this order.

6.With the above direction, the Writ Petition stands disposed of. No

costs.

08.11.2022

Index : Yes/No Internet:Yes/No vsn https://www.mhc.tn.gov.in/judis

To

1.The District Collector, Tiruchirappalli District, Tiruchirappalli.

2.The Tahsildar, Taluk Office, Manapparai, Tiruchirappalli District.

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

V.BHAVANI SUBBAROYAN,J

vsn

ORDER MADE IN

W.P(MD)No.25314 of 2022

08.11.2022

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

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