The Madurai Bench of the Madras High Court directed the Tahsildar, Theni District, to consider the petitioner's online application for a Legal Heirship Certificate and take a decision within four weeks.
Direction to the second respondent to consider the online application for issuance of Legal Heirship Certificate and take a decision within four weeks.
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W.P.(MD).No.2222 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2021
CORAM : THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.2222 of 2021 and W.M.P.(MD).No.1842 of 2021
K.Gnanasekaran ... Petitioner
Vs.
1.The District Collector, Theni District. 2.The Tahsildar, Theni.
3.The Executive Engineer and Administrative Officer, Madurai Housing Unit, Tamil Nadu Housing Board, Ellis Nagar, Madurai – 625 016.
4.The Superintending Engineer, Madurai Circle, Tamil Nadu Housing Board, Ellis Nagar, Madurai – 625 016. ... Respondents
Prayer : This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to consider the petitioner's online application in Application Number TN-720201217819 for issuance of Legal Heirship Certificate dated 17.12.2020 for the deceased Thulasiraman in favour of his son and daughter, namely minor Narendran and Minor Samyuktha, within a time stipulated by this Court.
For Petitioner : Mr.J.Hariharan
For Respondents : Mr.R.Suresh Kumar Standing Counsel for Government
ORDER
This writ petition has been filed for the issue of a writ of Mandamus directing the second respondent to consider the online application made by the petitioner on 17.12.2020, wherein, the petitioner has sought for the issuance of a Legal Heirship Certificate.
2.The Case of the petitioner is that one Thulasiraman is the https://hcservices.ecourts.gov.in/hcservices/ maternal grandfather of the children of the petitioner. The
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W.P.(MD).No.2222 of 2021
further case of the petitioner is that his wife is no more. The petitioner made an online application to the second respondent on 17.12.2020, seeking for Legal Heirship Certificate. Even though the online mode showed the status as rejected, no orders were passed and no orders were conveyed to the petitioner. According to the petitioner, his son and daughter who are the children of the predeceased daughter of the above Tulasiraman are classified as Class I heir under the Hindu Succession Act. Since the application made by the petitioner did not evoke any response, the present writ petition has been filed before this Court, seeking for appropriate directions.
3.Heard Mr.J.Hariharan, learned counsel appearing for the petitioner and Mr.R.Suresh Kumar, learned Standing Counsel for Government appearing on behalf of the respondents.
4.Taking into consideration the facts and the circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the second respondent to consider the application submitted by the petitioner on 17.12.2020 and take a decision within a period of four weeks from the date of receipt of a copy of this order.
5.The petitioner is directed to make a fresh representation to the second respondent along with all relevant documents and also a copy of this order.
6.This writ petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed.
Assistant Registrar
/ /2021 Sub Assistant Registrar(CS)
TM
NOTE:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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W.P.(MD).No.2222 of 2021
To
1.The District Collector, Theni District.
2.The Tahsildar, Theni.
3.The Executive Engineer and Administrative Officer, Madurai Housing Unit, Tamil Nadu Housing Board, Ellis Nagar, Madurai – 625 016.
4.The Superintending Engineer, Madurai Circle, Tamil Nadu Housing Board, Ellis Nagar, Madurai – 625 016. +1 CC to M/s.SPL GP ( SR-21515[F] dated 07/07/2021 )
Order made in
W.P.(MD).No.2222 of 2021
06.07.2021
CN(14.07.2021) 3P 6C
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1 issue framed by the court
Whether the second respondent is directed to consider an online application for issuance of a Legal Heirship Certificate within a stipulated time.
K. Gnanasekaran
The District Collector, Theni District
The Tahsildar, Theni
The Executive Engineer and Administrative Officer, Madurai Housing Unit, Tamil Nadu Housing Board
The Superintending Engineer, Madurai Circle, Tamil Nadu Housing Board
N. Anand Venkatesh
As recorded by the court registry
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