Disposed

E.Balaji v. The District Collector

Madras HC2 Jun 2023WP/15397/2023

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought issuance of a legal heir certificate for his deceased grandmother based on a representation filed over 30 years after her death. The Court noted that the facts were not in dispute but finding that claiming a legal heir of an intestate deceased, whose sole heir is no longer alive, after three decades was unsuitable. Consequently, it disposed of the petit

What did the court decide?

Liberty granted to petitioner to approach the competent Civil Court for appropriate remedy; no costs.

E.Balaji Vs The District Collector — Pension and Retirement Benefits | Madras HC (2023)

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W.P.No.15397 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 02.06.2023

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CORAM :

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THE HONOURABLE MR. JUSTICE M. DHANDAPANI

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W.P.No.15397 of 2023

E.Balaji

... Petitioner

Vs.

1.The District Collector, Thiruvallur District.

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2.The Tahsildar, Thiruvallur Taluk, Thiruvallur District. ... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to issue a legal heir certificate of deceased Sornammal, W/o.Late Kuppusamy based on the petitioner's representation dated 01.12.2022.

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For Petitioner : Mr.M.Selvam

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For Respondents : Mr.V.Manoharan

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Additional Government Pleader

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ORDER

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This Writ Petition has been filed seeking for a Writ of Mandamus,

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to direct the respondents to issue a legal heir certificate of deceased

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Page No.1 of 4 https://www.mhc.tn.gov.in/judis

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W.P.No.15397 of 2023

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Sornammal, W/o.Late Kuppusamy based on the petitioner's representation dated 01.12.2022.

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2. The case of the petitioner is that, he is one of the legal heir of his father Elumalai and the said Elumalai passed away in the year 2009. The petitioner's grandfather predeceased his father and his grandmother died in the year 1986. Subsequently, the petitioner's father obtained the death certificate of the petitioner's grandmother, however, his father did not obtain legal heir certificate of his grandmother. Thereafter, the petitioner made a representation dated 01.12.2022 before the respondents seeking legal heir certificate of his grandmother in favour of the petitioner's father, since he is the only legal heir of his grandmother. However, the same was not considered till date. Hence, the above writ petition is filed before this Court for appropriate orders.

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3. Though very grounds have been raised in the writ petition, the learned counsel for the petitioner submits that, it would suffice, if this Court issues a direction to the respondents to issue a legal heir certificate of the deceased Sornammal i.e., the petitioner's grandmother, based on the

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Page No.2 of 4 https://www.mhc.tn.gov.in/judis

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W.P.No.15397 of 2023

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petitioner's representation dated 01.12.2022, within a time frame that may be stipulated by this Court.

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4. On the above contention, heard the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.

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5. The facts in the present case is not in dispute. Admittedly, the petitioner's grandmother passed away in the year 1986 intestate leaving behind the petitioner's father and subsequently, the petitioner's father also passed away. Though the facts as such, the petitioner making an application for issuance of legal heir certificate for his grandmother in favour of his father by claiming that his father is the only legal heir of his grandmother, after a lapse of three decades, which is per se unsustainable. However, this Court is inclined to grant liberty to the petitioner to go

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before the competent Civil Court for appropriate remedy.

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Page No.3 of 4 https://www.mhc.tn.gov.in/judis

W.P.No.15397 of 2023

M.DHANDAPANI, J.

6. With the above observation, the Writ Petition is disposed of granting liberty to the petitioner to approach the competent Civil Court for appropriate remedy. No costs.

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02.06.2023

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Index : Yes / No Speaking order / Non-speaking order Neutral Citation Case : Yes / No sp

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1.The District Collector, Thiruvallur District.

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2.The Tahsildar, Thiruvallur Taluk, Thiruvallur District.

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W.P.No.15397 of 2023

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Page No.4 of 4 https://www.mhc.tn.gov.in/judis

E.Balaji v. The District Collector

Case brief

What is this about?

What did the court decide?

E.Balaji v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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