Disposed

S.Alagarsamy v. the District Collector

Madras HC18 Apr 2018WP(MD)/8420/2018

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court, on the petitioners grievance that his representation to cancel a death certificate was not considered, directed the Tahsildhar to consider the representation on merits within six weeks, providing an opportunity to interested parties. The writ petition was disposed of without costs.

What did the court decide?

Direction to the second respondent (Tahsildhar) to consider the petitioner's representation dated 01.03.2018 on its own merits and take further action within six weeks.

S.Alagarsamy Vs the District Collector — Pension and Retirement Benefits | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2018 CORAM:

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THE HONOURABLE MR.JUSTICE M.S.RAMESH

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W.P.(MD) No.8420 of 2018

S.Alagarsamy

... Petitioner

vs.

The District Collector, Virudhunagar District, Virudhunagar.

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The Tahsildhar,

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Tahsildhar Office,

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Aruppukottai Taluk,

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Aruppukottai, Virdhunagar District.

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The Assistant Element Educational Officer, Aruppukkotai,

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Virudhunagar District.

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The Village Administrative Officer,

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Kullampatti Village, Aruppukkottai Taluk, Virudhunagar District. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to cancel the death certificate of Dhanasekaran S/o. Mallaaiah Naicker dated 01.03.2018 issued by the fourth respondent herein based on the petitioner's representation dated 28.03.2018.

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For Petitioner : Mr.PR.Boomee Rajan For Respondents : Mr.V.Anand Government Advocate

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O R D E R

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Mr.V.Anand, learned Government Advocate, takes notice for the respondents.

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By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

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It is the grievance of the petitioner that his representation dated 28.03.2018 to the respondents 1 and 2 to cancel the death certificate of Dhanasekaran S/o. Mallaaiah Naicker dated 01.03.2018 issued by the fourth respondent , has not https://hcservices.ecourts.gov.in/hcservices/ been considered by the second respondent till date and therefore, he has filed the present writ petition.

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This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.

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In view of the limited prayer sought for in this writ petition, there shall be a direction to the second respondent to consider the petitioner's representation dated 28.03.2018 on its own merits and take further action in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner as well as to the persons who may be interested in the subject property.

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With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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Sd/-

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Assistant Registrar(CO)

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/True Copy/

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Sub Assistant Registrar

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To:

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The District Collector, Virudhunagar District, Virudhunagar.

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The Tahsildhar, Tahsildhar Office, Aruppukottai Taluk, Aruppukottai, Virdhunagar District.

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The Assistant Element Educational Officer, Aruppukkotai, Virudhunagar District.

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The Village Administrative Officer, Kullampatti Village, Aruppukkottai Taluk, Virudhunagar District.

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+1cc to M/S.PR.Boomee Rajan, Advocate SR.No. 61983

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

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aav JM/JC/SAR 1/24.04.2018/2P/6C

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W.P.(MD) No.8420 of 2018

S.Alagarsamy v. the District Collector

Case brief

What is this about?

What did the court decide?

S.Alagarsamy v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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