Disposed

R.Radha v. the District Collector

Madras HC12 Dec 2024WP/33039/2024

Case brief

AI extract

What is this about?

The Madras High Court directed the Revenue Divisional Officer to issue notices to the petitioner and her sister and conduct an enquiry regarding a legal heirship certificate obtained by the sister, failing which legal heirship certificate was issued in her presence, to pass final orders within twelve weeks.

What did the court decide?

Direction to issue fresh notice to petitioner and sister, conduct enquiry and pass final orders within twelve weeks.

R.Radha Vs the District Collector — Pension and Retirement Benefits | Madras HC (2024)

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W.P.No.33039 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 12.12.2024

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CORAM

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THE HONOURABLE MR.JUSTICE S.SOUNTHAR

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W.P.No.33039 of 2024

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and W.M.P.No.38878 of 2024

R.Radha

... Petitioner

vs.

1.The District Collector, Office of the District Collector, Chennai

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2.The Tahsildar

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Mambalam Taluk, Chennai

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3.The Revenue Divisional Officer, South Chennai Division, Chennai

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... Respondents

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider and dispose of her representation dated 19.06.2024 by conducting an enquiry and issue the legalheirship certificate to petitioner within a reasonable time.

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For Petitioner : Mr. D.Prasanna For Respondents : Mr.R.Neelakandan Additional Advocate General Assisted by Mr.V.Ramesh Government Advocate

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

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W.P.No.33039 of 2024

O R D E R

The petitioner herein seeks a direction to the respondents to consider her representation dated 19.06.2024 and pass final orders, within a

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reasonable time.

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It is the case of the petitioner that her father-V.Ramaiah died on 10.06.2023 and petitioner's elder sister-Gayathri obtained a legal heirship certificate, as if, she was the sole legal heir of the deceased by suppressing the petitioner's name. Therefore, the petitioner submitted a representation before the 1^st respondent on 14.06.2024 seeking cancellation of legal heirship certificate obtained by her sister-Gayathri and the same has not been considered. Again, the petitioner submitted a representation dated 19.06.2024 seeking cancellation of above said certificate and issue new legal heirship certificate to the petitioner. The said representation was forwarded to the 3^rd respondent by the 1^st respondent in his Proceedings in e/f/vz;/c6-e-2183290-2024. ehs;: 29/07/2024. Thereafter, there is no progress in the enquiry. Therefore, the petitioner has come before this Court.

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

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W.P.No.33039 of 2024

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Mr.R.Neelakandan, learned Additional Advocate General

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appearing for the respondents would submit that as per the direction issued by the 1^st respondent, the 3^rd respondent issued notice to the petitioner and enquiry is pending on his file.

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In view of the said statement made by the learned Additional Advocate General appearing for the respondents, this Court without going into the merits of the claim made by the petitioner, is inclined to direct the 3^rd respondent to issue a fresh notice to the petitioner and petitioner's elder sister-Gayathri, who said to have obtained Legal Heirship Certificate suppressing the name of the petitioner and conduct enquiry and pass final orders on its own merits and in accordance with law, within a period of twelve weeks from the date of receipt of copy of this order.

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With the above direction, the Writ Petition stands disposed of. No

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costs. Consequently, the connected writ miscellaneous petition is closed.

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12.12.2024

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Index : Yes/No Speaking order:Yes/No Neutral Citation:Yes/No dm

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

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W.P.No.33039 of 2024

1.The District Collector, Office of the District Collector, Chennai.

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2.The Tahsildar Mambalam Taluk, Chennai.

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3.The Revenue Divisional Officer, South Chennai Division, Chennai.

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

W.P.No.33039 of 2024

S.SOUNTHAR, J.

W.P.No.33039 of 2024

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12.12.2024

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

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R.Radha v. the District Collector

Case brief

What is this about?

What did the court decide?

R.Radha v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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