The Court permitted the petitioner to resubmit an application for a legal heir certificate regarding his claim as an adopted son. The authorities were directed to consider the documents within four weeks after hearing interested parties.
Petitioner permitted to resubmit application; Authorities directed to consider it within four weeks after hearing.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.07.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
Writ Petition No.7410 of 2021
J.Jayaraj ...Petitioner
Vs
Revenue Administration and Disaster Management & Mitigation Department
Office of the District Collectorate M.Singaravelar Maligai
Rajaji Salai, Chennai-600 001.
Ayanavaram Taluk @18/31, Palliarasan Street
Aspiran Garden Colony
Kumaran Nagar, Kilpauk, Chennai-600 010.
Aspiran Garden Colony Kumaran Nagar, Kilpauk Chennai-600 010.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 4th respondent to issue the legal heir certificate by processing the Application No.TN-7202010232392, by considering the petitioner as adopted son of the deceased Mr.Jayaraman, died on 05.07.1993, on the basis of the other documents, i.e., school record sheet and family ration card.
For Petitioner : Mr.R.Gopinath
For Respondents : Mr.G.Krishnaraja,
Govt.Advocate
ORDER
According to the petitioner, he was adopted on 19.08.1980 by one D.Jayaraman and J.Thrisarani (changed her name as Raniammal by Gazette Publication Issue No.12 dated 27.03.2013), who died intestate on 05.07.1983 and 18.03.2015 respectively and he is the only legal heir to inherit the property owned by them. On 23.10.2020, he applied for legal heir certificate through online, but he did not receive any reply. Subsequently, through RTI, the petitioner came to know that his application bearing No.TN-7202010232392 has been rejected, as he did not submit any proof to the effect that he was the adopted son of the deceased Jayaraman and birth certificate as well. Feeling aggrieved, he has come up with this writ petition seeking a direction to the fourth respondent to issue the legal heir certificate by processing his application, based on the documents, such as, school records, family ration card, etc.
2.The learned counsel for the petitioner submitted that though the petitioner enclosed the necessary documents along with his application seeking legal heir certificate, the fourth respondent, without calling for the required documents, has rejected the said application stating that no proof was filed to substantiate the claim of the petitioner, which is arbitrary, illegal and in violation of the principles of natural justice. However, the learned counsel submitted that it would suffice, if the petitioner is permitted to resubmit the application along with the required documents and on such resubmission, the same may be directed to be considered by the respondent authorities within a time frame to be stipulated by this court.
3.The learned Government Advocate taking notice for the respondents has no serious objection for granting such relief to the petitioner.
4.In view of the above, this court permits the petitioner to resubmit the application seeking legal heir certificate enclosing the required documents to the respondent authorities within a period of two weeks from the date of receipt of a copy of this order. On such resubmission being made, the respondent authorities shall consider the same and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner and any other interested parties, within a period of four weeks thereafter.
5.Accordingly, this writ petition stands disposed of. No costs.
Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
kj
To 1. The Commissioner Revenue Administration and Disaster Management & Mitigation Department Chepauk, Chennai-600 005. 2. The District Collector Office of the District Collectorate M.Singaravelar Maligai Rajaji Salai, Chennai-600 001. 3. The Tahsildar Ayanavaram Taluk @18/31, Palliarasan Street Aspiran Garden Colony Kumaran nagar, Kilpauk Chennai-600 010. 4. The Headquarters Deputy Tahsildar Ayanavaram Taluk @18/31, Palliarasan Street Aspiran Garden Colony Kumaran nagar, Kilpauk Chennai-600 010. +1 CC to The Government Pleader, Sr.No. 36929.
W.P.No.7410 of 2021
GPL(CO) LS(07/09/2021)
2 issues framed by the court
Whether the petitioner should be permitted to resubmit his application for a legal heir certificate to substantiate his claim as an adopted son.
Whether the respondent authorities are directed to consider the resubmitted application with an opportunity of hearing.
1 provisions across 1 enactments
J.Jayaraj
The Commissioner Revenue Administration and Disaster Management & Mitigation Department
The District Collector
The Tahsildar, Ayanavaram Taluk
The Headquarters Deputy Tahsildar, Ayanavaram Taluk
R. Mahadevan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
