Disposed

T.R.Anbumalar v. the State of Tamilnadu

Madras HC2 Jul 2024WP/4403/2024

Case brief

AI extract

What is this about?

Petitioner sought quashing of a Tahsildar's order refusing a legal heirship certificate. The court noted a subsequent government order now permits issuance to parents and siblings, found no fault with the impugned order passed under prior law, and permitted a fresh application to be considered expeditiously.

What did the court decide?

Liberty granted to file a fresh application; Tahsildar directed to consider it in light of G.O.(Ms).No.110 dated 13.03.2024 expeditiously.

T.R.Anbumalar Vs the State of Tamilnadu — Succession and Inheritance | Madras HC (2024)

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2024:MHC:2507

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W.P.No.4403 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02.07.2024

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CORAM :

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THE HONOURABLE DR.JUSTICE ANITA SUMANTH

W.P.No.4403 of 2024

Mr.T.R.Anbumalar

.. Petitioner

1.The State of Tamil Nadu Rep. By its Secretary to Government, Revenue and Disaster Management Department, Secretariat, Chennai – 600 009.

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2.The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai – 600 005.

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3.The Tahsildar

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Mylapore, Chennai – 600 004. .. Respondents

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Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus to call for the records of the 3^rd respondent issued in Letter O.Mu.No.A4/3679/2024 dated 01.02.2024 and quash the same and direct the 3^rd respondent to consider the application in the circumstances of the case within a limited time frame.

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For Petitioner : Mr.D.Daniel For Respondents : Mr.R.Neelakandan Additional Advocate General assisted by Mr.U.Baranidharan, Additional Government Pleader

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ORDER

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The prayer of the petitioner is for a certiorarified mandamus

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calling for and quashing order dated 01.02.2024 passed by R3 / the Tahsildar, Mylapore.

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

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W.P.No.4403 of 2024

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Mr.Neelakandan, learned Additional Advocate General, who appears for Mr.U.Baranidharan, learned Additional Government Pleader, circulates a copy of G.O.(Ms).No.110, Revenue and Disaster Management, RA-3(2) dated 13.03.2024 amending G.O.(Ms).No.478, Revenue and Disaster Management, RA-3(2) dated 29.02.2022. Vide the said amendment, it is now permissible for the State to issue legal heirship certificate to parents of the deceased and siblings (brothers and sisters) of the deceased if both the spouses have passed away without children.

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This position obtains only with effect from 13.03.2024 whereas the application of the petitioner was filed and has been disposed even prior thereto. In such circumstances, while there can be no fault found with the impugned order dated 01.02.2024 which has proceeded on the basis of the then existing position of law, the petitioner is granted liberty to make a fresh application. In the event of such application being filed by the petitioner before R3, let R3 consider the same in light of G.O.(Ms).No.110 dated 13.03.2024, expeditiously.

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Writ petition stands disposed in terms of this order. No

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costs.

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02.07.2024

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Index:Yes/No Neutral Citation:Yes ssm

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

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W.P.No.4403 of 2024

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1.The Secretary to Government, Revenue and Disaster Management Department, Secretariat, Chennai – 600 009.

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2.The Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai – 600 005.

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3.The Tahsildar Mylapore, Chennai – 600 004.

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

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W.P.No.4403 of 2024

DR. ANITA SUMANTH,J.

ssm

W.P.No.4403 of 2024

02.07.2024

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

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T.R.Anbumalar v. the State of Tamilnadu

Case brief

What is this about?

What did the court decide?

T.R.Anbumalar v. the State of Tamilnadu

Case brief

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What did the court decide?

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