The High Court of Madras issued a Writ of Mandamus directing the Tahsildar to consider the petitioner's application for a legal heir certificate after conducting due enquiry within eight weeks from the date of the order.
Direction to the respondent to issue legal heir certificate after conducting due enquiry within eight weeks.
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W.P.No.25912 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.09.2022
CORAM
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
W.P.No.25912 of 2022
Vijayalakshmi ... Petitioner
Vs
The Tahsildar, Ambathur Taluk Office, Chennai – 93. ... Respondent
Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondent to issue legal heir certificate pursuant to the representation dated 09.09.2022 and the acknowledgment dated 10.09.2022 issued by the respondent herein.
For Petitioner : Mr.V.Illanchezian
For Respondents : Mr.Vadivelu Dheenadayalan
ORDER
The prayer sought for herein is for a writ of mandamus directing
the respondent to issue legal heir certificate pursuant to the representation
dated 09.09.2022 and the acknowledgment dated 10.09.2022 issued by
the respondent herein.
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W.P.No.25912 of 2022
2. The petitioner husband one Krishnakumar died while he was working in the Police Department on 05.03.2022. After his death, in order to get the death cum retirement as well as the pensionary benefits/ family pensionary benefits to the petitioner who is the wife of the deceased employee, the necessary legal heir certificate has to be produced to the employer. Therefore, in order to get the legal heir certificate, the petitioner has given application on 09.09.2022, even prior to that, already on 16.07.2022 that application has been given after paying the necessary charges, acknowledgment also has been given by the Tahsildar office. Therefore, based on which, the application of the petitioner has to be processed and the necessary legal heir certificate is to be issued to the petitioner and in order to seek a direction to that effect to the respondent, the petitioner has moved the present writ petition.
3. Heard Mr.V.Illanchezian, learned counsel appearing for the petitioner and Mr.Vadivelu Dheenadayalan, learned Additional Government Pleader appearing for the respondent.
4. The learned Additional Government Pleader would contend that
the said application submitted by the petitioner would be processed and 2/5
W.P.No.25912 of 2022
the legal heir certificate would be issued after conducting proper enquiry
in this regard to the petitioner within a reasonable time limit that may be stipulated by this Court.
5. In view of the aforestated facts and circumstances and having regard to the said submission made by the learned Additional Government Pleader appearing for the respondent, this Court is inclined to dispose of this writ petition with the following orders:
That there shall be a direction to the respondent to
consider the application/representation submitted by the petitioner on 16.07.2022 followed by the reminder application dated 09.09.2022 and issue necessary legal heir certificate after conducting due enquiry in this regard to the petitioner within a period of eight weeks from the date of receipt of a copy of this order.
6. With this direction, this Writ Petition is disposed of. No costs.
27.09.2022
Sgl
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W.P.No.25912 of 2022
R. SURESH KUMAR, J.
Sgl
To
The Tahsildar, Ambathur Taluk Office, Chennai – 93.
W.P.No.25912 of 2022
27.09.2022
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2 issues framed by the court
Whether the respondent authority was mandated to issue a legal heir certificate to the petitioner after due enquiry.
Whether the Writ Petition filed under Article 226 should be allowed with a direction to the respondent to consider the application.
1 provisions across 1 enactments
Vijayalakshmi
The Tahsildar, Ambathur Taluk Office, Chennai
R.suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
