Disposed

A.Sharmila v. The District Collector

Madras HC11 Apr 2016WP/13277/2016

Case brief

AI extract

What is this about?

The High Court of Madras directed the second respondent to consider the petitioners' application for a legal-heir certificate regarding their deceased mother within six weeks, ensuring a personal hearing before passing orders on merits.

What did the court decide?

Direction to the second respondent to consider the application dated 29.10.2015 for legal-heir certificate and pass appropriate orders within six weeks after personal hearing.

A.Sharmila Vs The District Collector — Pension and Retirement Benefits | Madras HC (2016)

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THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 11.04.2016

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CORAM

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THE HONOURABLE MR. JUSTICE R.SUBBIAH

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Writ Petition No.13277 of 2016

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1.A.Sharmila
2.Sathiya ... Petitioners
vs.
1.The District Collector,
Office of the Collectorate,
Chennai.
2.The Tahsildar,
Velacherry,
Chennai. ... Respondents

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Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the second respondent to issue legal-heir certificate to the petitioners in view of the application dated 29.10.2015 within stipulated time that may be fixed by this Court.

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For Petitioners : Mr.S.Arivazhagan For Respondents : Mr.S.Navaneethan, Addl. Govt. Pleader

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ORDER

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By consent, the main writ petition itself is taken up for final disposal.

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The petitioners have come up with the present writ petition for a mandamus, directing the second respondent to issue legal-heir certificate to them by considering their application dated 29.10.2015 within a stipulated time that may be fixed by this Court.

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It is the case of the petitioners that their mother Vimala died on 22.8.2015 leaving them as her only surviving

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https://hcservices.ecourts.gov.in/hcservices/

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legal heirs. Their father and brother died prior to the death of their mother. After the demise of their mother, the petitioners approached the second respondent for issuance of legal-heir certificate, along with relevant documents. But, their request was not considered. Thereafter, they approached the second respondent for several times. Finally, they made an application on 29.10.2015 to the second respondent for issuance of legal-heir certificate. But, till date, despite their repeated request, the said application was also not considered. Hence, the petitioners have come up with the present writ petition seeking a direction to the second respondent to issue legal-heir certificate to them by considering their application dated 29.10.2015 within a stipulated time.

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I have heard the learned counsel appearing for the petitioners and the learned Additional Government Pleader, who has taken notice on behalf of the respondents.

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Considering the facts and circumstances of the case and considering the submissions made on either side, without going into the merits of the claim made by the petitioners, this Court directs the second respondent to consider the application of the petitioners dated 29.10.2015 with regard to the issuance of legal-heir certificate and pass appropriate orders, on merits and in accordance with law, by affording an opportunity of personal hearing to the petitioners as well as to the necessary parties, if any, within a period of six weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.

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-s/dAssistant Registrar True Copy Sub-Assistant Registrar

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To 1.The District Collector, Office of the Collectorate, Chennai.

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2.The Tahsildar, Velacherry, Chennai.

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https://hcservices.ecourts.gov.in/hcservices/

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+1 cc to Mr.S.Arivazhagan Advocate vide sr.23263

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+1 cc to Government Pleader vide sr.22745

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W.P.No.13277 of 2016

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aa29/04/2016

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https://hcservices.ecourts.gov.in/hcservices/

A.Sharmila v. The District Collector

Case brief

What is this about?

What did the court decide?

A.Sharmila v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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