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Shanthi.K.K v. the Tahsildar

Madras HC20 Jan 2022WP(MD)/746/2022

Case brief

AI extract

What is this about?

This order disposes of a writ petition seeking a legal heir certificate for deceased brothers. The petitioners claimed status as Class II heirs after the brothers and mother died. The court directed the respondent Tahsildar to make enquiries and issue the certificate within twelve weeks.

What did the court decide?

A direction was issued to the Tahsildar to make necessary enquiry and issue a legal heir certificate within twelve weeks of receiving a copy of this order.

Shanthi.K.K Vs the Tahsildar — Pension and Retirement Benefits | Madras HC (2022)

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W.P.(MD) No.746 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2022 CORAM:

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THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD) No.746 of 2022

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1.K.K.Shanthi 2.R.P.Jeyanthi

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... Petitioners

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vs.

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The Tahsildar, Madurai South, Collector Office, Madurai-625 020. ... Respondent

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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 respondent to consider the petitioner's representation, dated 20.10.2021 and to issue legal heir certificate to the petitioners as per the Hindu Succession Act, under Section 18 Class II heirs within stipulated time fixed by this Court.

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For Petitioner : Mr.T.R.Subramanian

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For Respondent : Mr.S.Kameswaran Government Advocate

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O R D E R

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Heard Mr.T.R.Subramanian, learned counsel for the petitioner and Mr.S.Kameswaran, learned Government Advocate, takes notice on behalf of the respondent.

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2.The present writ petition has been filed by the petitioners/sisters claiming legal heirship certificate with respect to their deceased two brothers, namely, T.J.Venkatesh and T.J.Sivanath, who died on 07.05.2020 and 15.08.2019. Both the brothers died as bachelors. It is also claimed that the mother, had predeceased their two brothers and copies of the death certificates filed along with the writ petition.

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3.It is also seen that a previous legal heirship certificate dated 26.05.2015 is also enclosed. The petitioners claim right to be recognized as legal heirs, in view of their status as class II legal heirs of both their brothers. The mother has also died. Therefore, there are no class I legal heirs surviving the brothers who died as bachelors. The petitioners/sisters are the next in line claiming right as class II legal heirs.

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4.A direction is issued to the Tahsildar, Madurai South, Collector Office, Madurai to make necessary enquiry and issue legal https://hcservices.ecourts.gov.in/hcservices/

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W.P.(MD) No.746 of 2022

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heirship certificate within a period of twelve weeks from the date of receipt of a copy of this order.

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5.With the above observations, the Writ Petition stands disposed of. No costs.

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Sd/Assistant Registrar (CRL)

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// True Copy //

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/ /2022 Sub Assistant Registrar(CS)

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sji

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Note:

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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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The Tahsildar, Madurai South, Collector Office, Madurai-625 020.

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+1 CC to M/s.T.R.SUBRAMANIAN, Advocate( SR-1997[F] dated 21/01/2022 )

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+1 CC to M/s.SPL.GP ( SR-2188[F] dated 24/01/2022 )

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W.P.(MD) No.746 of 2022 20.01.2022

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MGJ(03.02.2022) 2P 4C

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

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Shanthi.K.K v. the Tahsildar

Case brief

What is this about?

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Shanthi.K.K v. the Tahsildar

Case brief

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