Disposed

N.v.Nathan v. The Tahsildar

Madras HC29 Sept 2022WP/26425/2022

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking issuance of a Legal Heirship Certificate for his deceased unmarried sister. The Court directed the petitioner to submit an online application through the respondent web portal within two weeks for final consideration in accordance with law.

What did the court decide?

Petitioner directed to submit online application within two weeks; respondent to decide within eight weeks.

N.v.Nathan Vs The Tahsildar — Madras HC (2022) — LawSathi Research

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W.P. No.26425 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 29.09.2022

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CORAM

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THE HONOURABLE MR.JUSTICE R.SURESH KUMAR

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W.P. No.26425 of 2022

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N.V.Nathan ... Petitioner

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Vs.

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The Tahsildar, Sholinganallur Tahsildar Office, Sholinganallur Taluk, Chengalpattu District, Chennai – 600 019. ... Respondent

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PRAYER : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondent to consider the petitioner's application dated 14.09.2022 for grant of Legal Heirship Certificate.

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For Petitioner : Ms.Rohini Ravikumar

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For Respondent : Mr.R.Kumaravel Additional Government Pleader

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O R D E R

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The prayer sought for herein is for a writ of mandamus directing the

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respondent to consider the petitioner's application dated 14.09.2022 for

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grant of Legal Heirship Certificate.

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https://www.mhc.tn.gov.in/judis

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W.P. No.26425 of 2022

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2. The petitioner's sister one Swambal died on 25.08.2007 vide

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Death Certificate dated 05.09.2007, since she is an unmarried lady, the petitioner who is the brother of the deceased is the only legal heir. Therefore, in order to get legal heir certificate, the petitioner had given application by way of representation to the respondent on 14.09.2022. In order to consider the said representation, the petitioner has moved the present writ petition.

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3. Heard Ms.Rohini Ravikumar, learned counsel appearing for the petitioner and Mr.R.Kumaravel, learned Additional Government Pleader appearing for the respondent.

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4. The learned Additional Government Pleader would contend that, the Government recently i.e. on 28.09.2022 had issued certain guidelines to be followed while considering the application submitted through online for getting legal heir certificate by the authorities concerned through a Letter No.9633/RA-3(2)/2022-4. Based on the said guidelines issued in this regard, in the said letter, if the petitioner comes forward to make an application before the authority through online mode, that would be taken care of and considered and orders would be passed within a time frame

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https://www.mhc.tn.gov.in/judis

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W.P. No.26425 of 2022

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that may be stipulated, he contended.

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5. Having regard to the said submission made by the learned Additional Government Pleader appearing for the respondent, this Court feels that the petitioner can file an online application for getting legal heir certificate for the deceased sister of the petitioner shortly and on making such application, on receipt of the same, through online, the respondent can decide it in accordance with law.

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6. In that view of the matter, this Court is inclined to dispose of this writ petition with the following orders:

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That the petitioner is directed to submit application for

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getting a legal heir certificate for the deceased sister of the petitioner within a period of two weeks from the date of receipt of a copy of this order, through the web portal of the respondent concerned and on receipt of such application through online from the petitioner, the same shall be processed and decided on merits and in accordance with law within a period of eight weeks from the date of receipt of

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https://www.mhc.tn.gov.in/judis

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W.P. No.26425 of 2022

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such application through online.

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7. With this direction, this Writ Petition is disposed of. No costs.

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29.09.2022

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Index : Yes/No Speaking Order: Yes/No

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Sgl

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1.The Secretary University Grants Commission, Bahadur Shah Zafar Marg, New Delhi – 110 002.

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2.The Registrar, Anna University, Sardar Patel Road, Chennai – 600 025.

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3.The Director, Centre for Academic Courses, Anna University, Chennai – 600 025.

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https://www.mhc.tn.gov.in/judis

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W.P. No.26425 of 2022

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R.SURESH KUMAR, J.

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Sgl

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W.P. No.26425 of 2022

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29.09.2022

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https://www.mhc.tn.gov.in/judis

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N.v.Nathan v. The Tahsildar

Case brief

What is this about?

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N.v.Nathan v. The Tahsildar

Case brief

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