D.Shanthi vs The Tahsildar
2022 Latest Caselaw 15628 Mad

                                                                                     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.

https://www.mhc.tn.gov.in/judis W.P.No.25348 of 2022

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

https://www.mhc.tn.gov.in/judis W.P.No.25348 of 2022

To

The Tahsildar, Ayanavaram Taluk Office, Ayanavaram, Chennai – 600 023.

https://www.mhc.tn.gov.in/judis W.P.No.25348 of 2022

R.SUBRAMANIAN, J.

dsa

W.P.No.25348 of 2022

21.09.2022

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