Allowed

Bakkiyameri v. the Revenue Divisional Officer

Madras HC22 Mar 2024WP/7609/2024

Case brief

AI extract

What is this about?

In W.P.No.7609 of 2024, Justice Anita Sumanth issued a Writ of Mandamus under Article 226 directing the Revenue Divisional Officer Thanjavur to consider the petitioner's representations dated 24.08.2023 and 15.12.2023 regarding a legal heirship certificate obtained fraudulently. The uniform was fixed at six weeks.

What did the court decide?

Writ of Mandamus issued to R1 to hear petitioner and private respondents and pass orders on representations within six weeks.

Bakkiyameri Vs the Revenue Divisional Officer — Property and Title | Madras HC (2024)

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2024:MHC:1480

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W.P.No.7609 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22.03.2024

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CORAM

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THE HONOURABLE DR.JUSTICE ANITA SUMANTH

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W.P.No.7609 of 2024

Bakkiyameri

.... Petitioner

1.The Revenue Divisional Officer Thanjavur District Thanjavur-613001

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2.The Thasildhar Kumbakonam District Kumbakonam-612001

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3.P.Arul

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4.P.Sabeena

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P.James

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.... Respondents

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Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1^st respondent to consider the representation dated 15.12.2023 preferred by the petitioner within a time frame fixed by this Hon'ble Court.

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For Petitioner : Mr.R.Rajasekar For Respondents : Mr.S.John J.Raja (R1 and R2) Additional Government Pleader

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

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W.P.No.7609 of 2024

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O R D E R

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Mr.S.John J.Raja Singh, learned Additional Government Pleader accepts notice for R1 and R2, being Revenue Divisional Officer and Tahsildar respectively and is armed with instructions to enable final disposal of this Writ Petition, even at the stage of admission. No notice is thought necessary to private respondents, arrayed as R3 to R5, as their interests have been taken note of and addressed by virtue of this order.

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The petitioner seeks a mandamus directing R1 to consider her representation dated 15.12.2023. Inter alia, paragraph 6 of the writ affidavit draws attention to the earlier representation dated 24.08.2023 sent to R1 and R2, seeking cancellation of legal heirship certificate dated 25.03.2022 on the ground that it has been obtained fradulently.

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Since the official respondents did not take action on her representation dated 24.08.2023, she has made further representation on 15.12.2023 requesting the superior officers to take appropriate action.

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In the aforesaid circumstances and since cancellation or otherwise of legal heirship certificate dated 25.03.2022 would require marshalling and appreciation of various facts, the disposal of representation is best left to the authorities. In fact, that is the prayer of

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

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W.P.No.7609 of 2024

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the petitioner as well.

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Hence, mandamus is issued to R1 to hear the petitioner and the

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private respondents and pass orders on the representations of the petitioner dated 24.08.2023 and 15.12.2023 in accordance with law and all prevailing Government Orders, within a period of six (6) weeks from date of receipt of a copy of this order.

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This Writ Petition is disposed as above. No costs.

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22.03.2024

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

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1.The Revenue Divisional Officer Thanjavur District Thanjavur-613001

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2.The Thasildhar Kumbakonam District Kumbakonam-612001

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

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3/4

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W.P.No.7609 of 2024

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Dr.ANITA SUMANTH,J.

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W.P.No.7609 of 2024

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22.03.2023

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

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Bakkiyameri v. the Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

Bakkiyameri v. the Revenue Divisional Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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