Writ petition dismissed as the petitioner failed to produce material showing that the deceased wife resided in the Tahsildar's jurisdiction for one year prior to death, making it impossible to interfere with the rejection order.
Liberty granted to move the respondent again if material regarding residence can be produced.
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W.P(MD)No.807 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.02.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.807 of 2023 and W.M.P.(MD)No.782 of 2023
PL.Palaniappan
... Petitioner
Vs.
The Tahsildar, Karaikudi, Sivagangai District.
... Respondent
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 of the recent impugned Rejection Order in Online Application No.TN-7202212151088, dated 05.01.2022 issued by the respondent, quash the same as illegal and consequently, directing the respondent to issue the legal heir certificate to the petitioner based on the final application dated 15.12.2022 and grant such other and further relief.
For Petitioner : Mr.RM.Arun Swaminathan For Respondent : Mr.M.Siddharthan Additional Government Pleader
W.P(MD)No.807 of 2023
ORDER
Heard the learned counsel on either side.
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W.P(MD)No.807 of 2023
any such civil suit, the same shall be numbered immediately and disposed of on merits and in accordance with law within a period of four months after such filing.
20.02.2023 Index : Yes / No Internet : Yes/ No rmi
To
The Tahsildar, Karaikudi, Sivagangai District.
3/4
W.P(MD)No.807 of 2023
G.R.SWAMINATHAN, J.
rmi
W.P(MD)No.807 of 2023
20.02.2023
2 issues framed by the court
Whether the High Court can interfere with the rejection order of the Tahsildar who declined to issue a legal heir certificate due to lack of proof of one-year residence.
Whether material on record was shown to establish that the deceased wife resided within the jurisdictional limits of Karaikudi prior to her demise.
PL.Palaniappan
The Tahsildar, Karaikudi
G.R.SWAMINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
