Disposed

Kamala v. the District Collector

Madras HC20 Mar 2024WP(MD)/15764/2021

Case brief

AI extract

What is this about?

This writ petition sought to quash a legal heir certificate issued in favor of the deceased's first wife and daughter, excluding the petitioner's daughter. The Court directed the Revenue Divisional Officer to restore a pending appeal to adjudicate all claims and issue orders consistent with a specific Government Order.

What did the court decide?

Directed the Revenue Divisional Officer, Uthamapalayam, to restore the pending appeal (Na.Ka.No.4021/2021/A3) and hear all parties to pass orders in accordance with G.O.Ms.No.478 dated 29.02.2022.

Kamala Vs the District Collector — Pension and Retirement Benefits | Madras HC (2024)

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W.P(MD)No.15764 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATE : 20.03.2024

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CORAM :

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THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

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W.P(MD)No.15764 of 2021 and W.M.P(MD)Nos.12709 and 12710 of 2021

Kamala

... Petitioner

Vs.

The District Collector, O/o.The District Collector, Theni, Theni District.

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2.The Tahsildar, Taluk Office, Uthamapalayam, Theni District.

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3.Regina

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4.Jeevitha ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarifiled Mandamus, to call for the records of the impugned legal heir certificate No.TN-7202106293349, dated 16.07.2021 issued by the second respondent to the respondents 3 and 4 and quash the same, consequently, direct the second respondent to include the minor child Deepika in the legal heir certificate based on the representation, dated 10.08.2021.

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

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W.P(MD)No.15764 of 2021

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For Petitioner : Mr.M.A.M.Raja

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For Respondents : Mr.P.Thambidurai, Government Advocate (Civil Side) for R1 and R2.

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: Mr.K.Guhan, for R3 and R4.

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O R D E R

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This Writ Petition has been filed seeking orders to issue a Writ of Certiorarifiled Mandamus, to call for the records of the impugned legal heir certificate No.TN-7202106293349, dated 16.07.2021 issued by the second respondent to the respondents 3 and 4 and quash the same, consequently, direct the second respondent to include the minor child Deepika in the legal heir certificate based on the representation, dated 10.08.2021.

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The learned counsel for the petitioner would submit that the petitioner is the second wife of the deceased Simon Moses; that the third respondent is the first wife and the fourth respondent is the daughter born to the first wife of the deceased Simon Moses; that the petitioner has sought for legal heir certificate including her daughter, but the second

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

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W.P(MD)No.15764 of 2021

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respondent has issued certificate by showing the respondents 3 and 4 as the legal heirs of the deceased Simon Moses and that therefore, the petitioner was constrained to approach this Court.

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The learned counsel for the respondents 3 and 4 would submit that the petitioner's daughter being illegitimate child, the second respondent has rightly excluded her and issued the certificate in favour of the respondents 3 and 4.

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The learned Government Advocate (Civil Side) would submit

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that the petitioner challenging the order of Tahsildar, has preferred an appeal before the Revenue Divisional Officer, Uthamapalayam and the RDO, Uthamapalayam, taking note of the fact that the present writ petition is pending, dismissed the appeal vide order, dated 16.05.2022. He would further submit that the RDO may be directed to restore the appeal and consider the stand of both the parties and pass orders taking note of the Government Order in G.O.Ms.No.478, dated 29.02.2022.

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Considering the facts and circumstances of the case and taking note of the submission made by the learned counsel on either side, the

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

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W.P(MD)No.15764 of 2021

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Revenue Divisional Officer, Uthamapalayam is hereby directed to restore the appeal in Na.Ka.No.4021/2021/A3 and to hear the petitioner as well as the respondents 3 and 4 and pass orders in accordance with law and by taking note of the Government Order in G.O.Ms.No.478, dated 29.02.2022.

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With the above direction, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs.

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19.03.2024

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NCC :Yes/No Index :Yes/No Internet : Yes/ No das

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The District Collector, O/o.The District Collector, Theni, Theni District.

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2.The Tahsildar, Taluk Office, Uthamapalayam, Theni District.

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

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W.P(MD)No.15764 of 2021

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K.MURALI SHANKAR, J.

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das

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Order made in W.P(MD)No.15764 of 2021 and W.M.P(MD)Nos.12709 and 12710 of 2021

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Dated : 20.03.2024

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

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Kamala v. the District Collector

Case brief

What is this about?

What did the court decide?

Kamala v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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