Petitioner filed a writ petition praying removal of an unauthorized name from the legal heirship certificate of his grandfather. The High Court directed the Sub-Collector to hold an inquiry and dispose of the matter within 12 weeks.
Directed the 1st respondent to hold an enquiry and dispose of the representation within 12 weeks.
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W.P.No.26363 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.09.2023
CORAM: JUSTICE N.SESHASAYEE
W.P.No.26363 of 2023
K.Selvakumar ... Petitioner
-Vs-
1.The Sub-Collector Office of the Sub Collector Mettur, Salem District
2.The Tahsildar Office of the Tahsildar Omalur, Salem ... Respondents
Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to consider the representation dated 28.12.2022 to remove the name of unknown person Subramani from the legal heir ship certificate of the petitioner's grandfather Umaiyan @ Veerasamy and to issue a new legal heir ship certificate for his death.
For Petitioner : Mr.M.Marimuthu
For Respondents : Mr.G.Ameedius Government Advocate
ORDER
By consent, this writ petition is taken up for final disposal at the admission stage itself.
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2.The petitioner's grand father Veerasamy had passed away on 29.06.2017 and only his father Kaveri was his legal heir. According to
the petitioner, in the legal heir certificate issued for Veerasamy certain Subramani's name is also included and the petitioner has applied to Sub Collector, the 1st respondent for removing the name of the said Subramani from the legal heirs certificate of petitioner's grand father Veerasamy in terms of his representation dated 28.12.2022 that he has preferred.
3.Mr.G.Ameedius, the learned Government Advocate takes notice for the
respondents.
4.The 1st respondent is now required to hold an enquiry and conclude the
same after hearing all those persons who in his opinion are likely to be affected thereby and dispose of the same within a period of twelve (12) weeks from the date of receipt of a copy of this order.
5.This writ petition stands disposed of accordingly. No costs.
08.09.2023
kas
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W.P.No.26363 of 2023
To
2.The Tahsildar Office of the Tahsildar Omalur, Salem
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W.P.No.26363 of 2023
N.SESHASAYEE, J.
kas
W.P.No.26363 of 2023
08.09.2023
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1 issue framed by the court
Whether the first respondent is required to hold an inquiry and remove an unauthorized name from the legal heirship certificate within 12 weeks.
1 provisions across 1 enactments
K.Selvakumar
The Sub-Collector Office of the Sub Collector Mettur, Salem District
The Tahsildar Office of the Tahsildar Omalur, Salem
N.Seshasayee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
