Disposed

Smt. Arokiyamary, v. The District Collector

Madras HC1 Feb 2017WP/2324/2017

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a mandamus directing the second respondent to grant a Legal Heir Certificate for her deceased husband. The dispute centered on the Revenue Inspector's instruction to include the husband's mother as an heir, contrary to Christian personal law. The Court directed the respondent to consider the application on merits with a hearing.

What did the court decide?

Writ Petition disposed with a direction to the second respondent to consider the petitioner's representation for a Legal Heir Certificate on merits within two months after a hearing.

Smt. Arokiyamary, Vs The District Collector — Landlord and Tenant | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 01.02.2017

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CORAM:

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THE HONOURABLE MR. JUSTICE B.RAJENDRAN

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WRIT PETITION No.2324 of 2017

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Arokiyamary ... Petitioner

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vs.
1. The District Collector,
Thiruvallur District,
Thiruvallur.
2. The Tahsildar,
Thiruvallur Taluk,
Thiruvallur District. ... Respondents
Writ Petition filed under Article 226 of the Constitution of
India praying for the issuance of a writ of mandamus directing
the second respondent to consider and grant legal heirship
certificate of the petitioner's husband Sri.A.P.Alphonse
Ravindran, on her application dated 07.12.2015 forthwith.

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For Petitioner : Mr.V.Shanmugham
For Respondents: Mr.P.V.Selvakumar,
Addl. Govt. Pleader
O R D E R

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The petitioner has come up with this Writ Petition seeking a direction to the 2nd respondent to consider and grant Legal Heir Certificate of her husband Sri.A.P.Alphonse Ravindran, on her application dated 07.12.2015 forthwith.

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According to the petitioner, her husband died on 11.06.2015 due to ill health. On 07.12.2015, she had applied to the 2nd respondent herein for grant of Legal Heirship Certificate with all relevant records, mentioning that they are Indian Christians. The Revenue Inspector conducted an enquiry on her application and informed her that she should add her mother-in-law, i.e. her husband's mother, as one of the legal heirs in the application. The petitioner informed the Revenue Inspector that since her deceased husband is an Indian Christian, his mother cannot be be a legal heir.

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

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The case of the petitioner is that the Revenue Inspector, without making any corrections in her application, had asked her to contact the Taluk Office. Though the petitioner has been frequently visiting the Taluk Office seeking Legal Heir Certificate, to her shock, her application was returned stating that unless she includes her mother-in-law as one of the legal heirs, her application would not be processed. Hence, the petitioner resubmitted her application seeking Legal Heir Certificate along with a representation dated 22.11.2016 to the respondents. Pending consideration of the same, the petitioner is before this Court.

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Heard the learned counsel on either side and perused
the material documents available on record.
5. Considering the facts and circumstances of the case,
this Court directs the 2nd respondent herein to consider the
petitioner's representation dated 22.11.2016 seeking Legal Heir
Certificate, on merits and in accordance with law, after
granting sufficient opportunity of hearing to the petitioner,
and pass appropriate orders within a period of two months from
the date of receipt of a copy of this order.
This Writ Petition is disposed of with the above direction.
No costs.
Sd/-
Assistant Registrar
//True Copy//
aeb Sub Assistant Registrar
To:
1. The District Collector,
Thiruvallur District,
Thiruvallur.
2. The Tahsildar,
Thiruvallur Taluk,
Thiruvallur District.
+1cc to Mr.Shanmugam, Advocate, S.R.No.6098
+1cc to the Government Pleader, S.R.No.6468
UG(CO)
RS(09/02/2017)
Order in
W.P.No.2324 of 2017

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

Smt. Arokiyamary, v. The District Collector

Case brief

What is this about?

What did the court decide?

Smt. Arokiyamary, v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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