Allowed

N.P.N.Elango, v. the Dsitrict Collector

Madras HC13 Sept 2022WP(MD)/11152/2013

Case brief

AI extract

What is this about?

In this writ petition, the Madras High Court directed the revenue authorities to consider a fresh application for a legal heir certificate for a deceased, relying on a Full Bench judgment that permits issuance even when there are only Class-II heirs.

What did the court decide?

The petitioner directed to file a fresh application for legal heir certificate, which shall be considered by the second respondent on merits.

N.P.N.Elango, Vs the Dsitrict Collector — Pension and Retirement Benefits | Madras HC (2022)

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W.P(MD)No.11152 of 2013

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 13.09.2022

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CORAM

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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W.P(MD).No.11152 of 2013

N.P.N.Elango,

: Petitioner

The Dsitrict Collector, Kanyakumari District, Nagercoil

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The Tahsildar, Agastheeswaram Taluk, Kanyakumari District.

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: Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Orders in O.Mu.C3/4530/2013 dated 09/03/2013 on the file of the second respondent herein, quash the same and to direct the second respondent to issue legal heir certificate for the deceased N.Somasundaram (passed away on 09/12/2012) based on the earlier Legal

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

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W.P(MD)No.11152 of 2013

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Heir Certificate issued for deceased N.Somasundarams father, namely Nesamani (passed away on 19/12/1999) and in pursuant to the petitioner's application dated Nil.

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For Petitioner : Mr.A.Dennisan

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For Respondents : Mr.B.Saravanan

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Additional Government Pleader

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ORDER

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The present writ petition has been filed challenging the order passed by the second respondent, under which, the request of the petitioner for grant of legal heir certificate for deceased Somasundaram was rejected on the ground that there are no direct legal heirs. In other words, since there were no Class-I legal heirs, the application was rejected by the second respondent under the impugned order.

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2.In view of the Full Bench Judgment of our High Court in W.P.No. 25247 of 2021, dated 17.06.2022 (P.Venkatachalam Vs. The Tahsildar, Kumarapalayam Taluk), the second respondent is also entitled to issue legal

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

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W.P(MD)No.11152 of 2013

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heir certificate even in cases where there are only Class-II heirs.

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3.Hence, the petitioner is directed to present a fresh application for

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issuance of legal heir certificate to the second respondent herein. On filing of such fresh application, it shall be considered by the second respondent on merits and in accordance with law and based upon the Full Bench judgment of this Court.

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4.With the above observations, this Writ petition is allowed. No costs.

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13.09.2022

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Index : Yes / No Internet : Yes/ No lr

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The Dsitrict Collector, Kanyakumari District, Nagercoil

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The Tahsildar, Agastheeswaram Taluk, Kanyakumari District.

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

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W.P(MD)No.11152 of 2013

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R.VIJAYAKUMAR, J.

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W.P(MD).No.11152 of 2013

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13.09.2022

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

N.P.N.Elango, v. the Dsitrict Collector

Case brief

What is this about?

What did the court decide?

N.P.N.Elango, v. the Dsitrict Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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Parties & counsel

Coram

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