Madras High Court
R.Thangaraj vs The Government Of Tamil Nadu on 25 September, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.28082 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.09.2024
CORAM :
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
Writ Petition No.28082 of 2024
R.Thangaraj ... Petitioner
Vs.
1. The Government of Tamil Nadu,
Rep. by District Collector,
Perambalur District.
2. The Tahsildar,
Veppanthattai Taluk,
Perambalur District. … Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India,
praying for issuance of Writ of Mandamus directing the second respondent to
consider the representation of the petitioner dated 24.07.2024 and to issue
Legal Heirship Certificate in pursuance to the Judgment and Decree dated
26.08.2014 passed in O.S.No.25 of 2014 by the learned District Munsif at
Perambalur.
For Petitioner : Mr.G.Ilamurugu
For Respondents : Mr.R.Neelakandan, AAG
Assisted by Mr.U.Baranidharan, AGP
Page No.1 of 5
https://www.mhc.tn.gov.in/judis
W.P.No.28082 of 2024
ORDER
The petitioner has filed this petition seeking a direction to the second
respondent to consider the representation of the petitioner dated 24.07.2024
and to issue Legal Heirship Certificate in pursuance to the Judgment and
Decree dated 26.08.2014 passed in O.S.No.25 of 2014 by the learned District
Munsif at Perambalur.
2. The case of the petitioner is that the petitioner's father died on
01.05.1965. Subsequently, the petitioner filed a suit in O.S.No.25 of 2014
before the learned District Munsif, Perambalur seeking to declare himself and
his sisters as legal heirs of his deceased father and to direct the second
respondent to issue legal heirship certificate and the same was decreed in their
favour vide judgment and decree dated 26.08.2014. Though the petitioner
made representation dated 24.07.2024 along with the aforesaid decree before
the second respondent, the same was not acceded to. Hence, the present writ
petition.
3. Though very many grounds have been raised in this Writ Petition,
the learned counsel for the petitioner submitted that, it would suffice, if this
https://www.mhc.tn.gov.in/judis
Court issues direction to the second respondent to consider the petitioner's
representation dated 24.07.2024 and pass appropriate orders on merits and in
accordance with law, within a particular time frame to be fixed by this Court.
4. The learned Additional Advocate General appearing for the
respondent has no objection for the said order being passed.
5. Heard the learned counsel appearing on either side and perused the
materials placed on record.
6. Taking into consideration the factual aspects of the matter, this Court
without going into the merits of the case, directs the second respondent to
consider the petitioner's representation dated 24.07.2024 and pass appropriate
order on merits and in accordance with law, after affording an opportunity of
hearing to the petitioner as well as aggrieved persons if any, within a period
of four (4) weeks from the date of receipt of a copy of this order.
7. With the above observation and direction, this Writ Petition is
disposed of. No costs.
https://www.mhc.tn.gov.in/judis
25.09.2024
RAP
Index : Yes/No
Speaking Order : Yes/No
Neutral Citation : Yes/No
To:
1. The District Collector,
The Government of Tamil Nadu,
Perambalur District.
2. The Tahsildar,
Veppanthattai Taluk,
Perambalur District.
M.DHANDAPANI,J.
RAP
https://www.mhc.tn.gov.in/judis
25.09.2024
https://www.mhc.tn.gov.in/judis
