Disposed

S.Sivagami v. The District Collector

Madras HC13 Jan 2020WP/785/2020

Case brief

AI extract

What is this about?

This is an order disposing of a writ petition filed under Article 226 seeking a writ of mandamus for the adjudication of an appeal against the cancellation of a legal heir certificate. The court directed the Tahsildar to submit a report and the Revenue Divisional Officer to pass final orders within a stipulated timeline.

What did the court decide?

Directed the Tahsildar to comply with the RDO's directions by 31.01.2020 and the RDO to pass final orders by 29.02.2020.

S.Sivagami Vs The District Collector — Landlord and Tenant | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 13.01.2020

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CORAM

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THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN

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W.P.No.785 of 2020

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S.Sivagami ... Petitioner

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..Vs..
1. The District Collector,
Tirupattur District.
2. The Revenue Divisional Officer,
Tirupattur, Tirupattur District.
3. The Tahsildar,
Tirupattur Taluk,
Tirupattur District.
4. Thiru.R.Ananthakrishnan,
Tahsildar,
Tirupattur District.
5. Chinnakanniammal
6. Mayakrishnan
7. Kanakaraj
8. Anbazhagan ... Respondents

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PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2^nd respondent to consider the appeal dated 09.12.2019 made by the petitioner against the illegal order passed by the 3^rd respondent for cancelling the valid legal heir certificate issued to the petitioner and pass appropriate orders within stipulated time period as may be fixed by this Court.

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For Petitioner : Mr.T.Sundaravadanam

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For Respondents : Mr.P.Rajalakshmi Special Government Pleader

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

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O R D E R

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Owing to the communication issued to the 3^rd respondent viz., the Tahsildar, Tirupattur Taluk, Tirupattur District, the present writ petition has been filed.

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The 2^nd respondent viz., the Revenue Divisional Officer, Tirupattur, Tirupattur District had addressed the communication dated 04.12.2019 to the Tahsildar seeking a report with respect to the legal heirship certificate already issued.

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In the affidavit filed by the petitioner, it had been stated that she, S.Sivagami is a granddaughter of G.Govindan, who worked in Southern Railway as Boiler Man and died on 21.10.1998. His daughters namely, the mother of the petitioner Govindammal died on 26.05.1996 and the 2^nd daughter viz., Neela died on 24.08.1976. Consequently, the petitioner S.Sivagami and other granddaughters namely Malliga, Saraswathi and Shanthi claim to be the only legal heirs of the deceased G.Govindan. However, there is a rival claim from other individuals who claim to be the children / legal heirs of the 2^nd wife of G.Govindan.

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In this connection, the Tahsildar has passed an order with respect to grant of Legal Heirship Certificate. An appeal has been consequently filed by the petitioner before the 2^nd respondent/Revenue Divisional Officer, Tirupattur.

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The grievance of the petitioner is that the 2^nd respondent who had called for a report from the 3^rd respondent, had adjourned the matter without giving any hearing date.

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A direction is therefore issued to 3^rd respondent to comply with the direction of the 2^nd respondent on or before 31.01.2020 and thereafter on the basis of the report and on the basis of any further enquiry as is required, the 2^nd respondent viz. the Revenue Divisional Officer, Tirupattur District is directed to pass final orders on or before 29.02.2020.

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With the above observations, this writ petition is disposed of. No costs.

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Sd/Assistant Registrar(CS VIII)

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//True Copy//

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Sub Assistant Registrar

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

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The District Collector, Tirupattur District.

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The Revenue Divisional Officer, Tirupattur, Tirupattur District.

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The Tahsildar,
Tirupattur Taluk,
Tirupattur District.
+1cc to the Government Pleader Sr.3917
+1cc to Mr.T.Sundara Vadanam, Advocate Sr.3424
W.P.No.785 of 2020
rsi[co]
srg 30/01/2020

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

S.Sivagami v. The District Collector

Case brief

What is this about?

What did the court decide?

S.Sivagami v. The District Collector

Case brief

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