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Kannan.P v. the District Collector

Madras HC12 Nov 2021WP(MD)/413/2021

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court issued a writ of mandamus directing the Tahsildar to conduct an enquiry into the surviving legal heirs of the deceased and issue a legal heirship certificate within a stipulated timeline after the petitioner submits a fresh representation.

What did the court decide?

Direction to the Tahsildar to conduct an enquiry and issue a legal heirship certificate within 15 days of a fresh representation.

Kannan.P Vs the District Collector — Specific Performance | Madras HC (2021)

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W.P.(MD)No.413 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2021 CORAM THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.413 of 2021

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P.Kannan ... Petitioner

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vs.

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1.The District Collector, Collectorate, Dindigul District.

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2.The Tahsildar, Taluk Office, Pallapatti, Dindigul District.

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3.The Village Administrative Officer, Office of Village Administrative Officer, Pallapatti, Dindigul District.

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4.Asiammal ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the second respondent to consider the representation, dated 04.12.2021 made by the petitioner for issuing legal heir certificate within a stipulated time.

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For Petitioner :Mr.K.S.Durai Pandian For R1 to R3 :Mr.D.Gandhiraj Special Government Pleader For R4 :Mr.S.S.Sundarapandian

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O R D E R

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This Writ Petition is filed in the nature of Mandamus seeking a direction against the second respondent to consider the representation, dated 04.12.2021 made by the petitioner for issuing legal heir certificate.

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2.Heard Mr.K.S.Durai Pandian, learned Counsel for the petitioner, Mr.D.Gandhiraj, learned Special Government Pleader for R1 to R3 and Mr.S.S.Sundarapandian, learned Counsel for the fourth respondent.

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3.The petitioner is the son of the second wife of Periyasamy, who died on 09.10.2018. The said Periyasamy, had two wives, and the first wife is shown as the fourth respondent herein. The petitioner https://hcservices.ecourts.gov.in/hcservices/

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W.P.(MD)No.413 of 2021

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now claims legal heirship certificate for Periyasamy. In this connection, the petitioner had given a representation to the competent authority/the Tahsildar, Taluk Office, Pallapatti, Dindigul District. Since no steps have been taken, the present Writ Petition has been filed.

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4.A direction is issued to the second respondent/the Tahsildar, Taluk Office, Pallapatti, Dindigul District, to enquire the petitioner herein and get the details of surviving legal heirs of Periyasamy and also enquire the first wife/Asaiamal and also enquire the second wife/Backiyalakshmi and determine the children of Periyasamy and thereafter, issue a legal heirship certificate in accordance with law. The petitioner may give a fresh representation in this regard on or before 03.12.2021. On receipt of such representation, the Tahsildar may conduct necessary enquiry and issue legal heirship certificate on or before 15.01.2022.

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5.With the said observation, this Writ Petition is disposed of. No costs.

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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cmr

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1.The District Collector, Collectorate, Dindigul District.

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2.The Tahsildar, Taluk Office Pallapatti, Dindigul District.

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3.The Village Administrative Officer, Office of Village Administrative Officer, Pallapatti, Dindigul District.

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+1 CC to M/s.SPL GP ( SR-34442[F] dated 15/11/2021 )

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W.P.(MD)No.413 of 2021 12.11.2021

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DKS(CO)

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KB(22.11.2021) 2P 5C

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

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Kannan.P v. the District Collector

Case brief

What is this about?

What did the court decide?

Kannan.P v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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