Allowed

R.Lakshmi, v. the Tahsildar

Madras HC6 Feb 2019WP(MD)/2427/2019

Case brief

AI extract

What is this about?

A writ petition filed under Article 226 seeking a Writ of Certiorari and Mandamus to quash an order and direct the respondent to issue a legal heir certificate was allowed. The court held that given the petitioner's husband's marital history and lack of rival claim, the certificate should be issued within two weeks. No costs.

What did the court decide?

The petitioner was granted a legal heir certificate to be issued by the respondent within two weeks of receipt of this order.

R.Lakshmi, Vs the Tahsildar — Pension and Retirement Benefits | Madras HC (2019)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 06.02.2019

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CORAM:

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

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WP(MD)No.2427 of 2019

R.Lakshmi

... Petitioner

Vs.

The Tahsildar, Kovilpatti Taluk, Kovilpatti, Thoothukudi. ... Respondent

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PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings of the respondent bearing O.Mu.A1/4403/2018 dated 28.10.2018 and quash the same, consequently direct the respondent to issue legal heir certificate as per law.

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For Petitioner : Mr.S.Siva Ilayaraja For Respondent : Mr.Karuppasamy, Government Advocate

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ORDER

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Heard the learned counsel on either side.

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2.The petitioner's husband Radhakrishan passed away on 19.08.2018. The petitioner applied to the respondent for issuance of a legal heir certificate. In her application, the petitioner fairly stated that Radhakrishnan originally married one Rengammal who passed away in the year 1965. The said Radhakrishnan married the petitioner two years thereafter. Through both the wives, Radhakrishnan had children. In fact, one of the sons of Radhakrishnan is no more. In these circumstances, there is no rival claim. The respondent need not have any difficulty in issuing the legal heir certificate as sought for.

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3.Therefore, the respondent is directed to issue a legal heir certificate as sought for by the petitioner. Such certificate https://hcservices.ecourts.gov.in/hcservices/ shall be issued within a period of two weeks from the date of receipt of a copy of this order.

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4.This writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

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Assistant Registrar (w) // True Copy //

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Sub Assistant Registrar(CS)

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To The Tahsildar, Kovilpatti Taluk, Kovilpatti, Thoothukudi.

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+1 CC to M/s.SPL GP ( SR-45364[F] dated 07/02/2019 )

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+1 CC to M/s.S.SIVA ILAYARAJA, Advocate ( SR-45838[F] dated 08/02/2019 )

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skm

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WP(MD)No.2427 of 2019 06.02.2019

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KM/(19.03.2019) 2P 4C

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

R.Lakshmi, v. the Tahsildar

Case brief

What is this about?

What did the court decide?

R.Lakshmi, v. the Tahsildar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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