Disposed

Mookan v. The District Collector

Madras HC5 Aug 2024WP(MD)/18798/2024

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court directed respondents 2 and 3 to consider the petitioner's representation dated 12.06.2024 regarding his exclusion from a legal heir certificate, hold an enquiry after hearing the opposite parties, and pass an order on merits within two months.

What did the court decide?

Direction to respondents 2 and 3 to consider the petitioner's representation dated 12.06.2024 after hearing respondents 4 and 5 and pass an order on merits within two months.

Mookan Vs The District Collector — Pension and Retirement Benefits | Madras HC (2024)

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W.P.(MD)No.18798 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 05.08.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

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W.P.(MD)No.18798 of 2024

Mookan

... Petitioner

Vs.

1.The District Collector, Collectorate, Pudukkottai District.

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2.The Revenue Divisional Officer, Illuppur Taluk, Pudukkottai District.

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3.The Tahsildar, Taluk Office, Viralimalai Taluk, Pudukkottai District.

4.Subramani

5.Alagammal

.... Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents 2 and 3 to conduct the enquiry on the petitioner's representation dated 12.06.2024 regarding to cancel the legal heir certificate of petitioner's deceased father namely Karupaiah and consequently to issue the fresh legal heir certificate to include the petitioner's name.

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

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W.P.(MD)No.18798 of 2024

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For Petitioner : Mr.A.Arul Jenifer for M/s.KBS Law Office For Respondents : Mr.D.Sadiq Raja, Addl. Govt. Pleader for R1 to R3

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O R D E R

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This Writ Petition has been filed seeking direction to the respondents 2 and 3 to conduct the enquiry on the petitioner's representation dated 12.06.2024 regarding to cancel the legal heir certificate of petitioner's deceased father namely Karupaiah and consequently to issue the fresh legal heir certificate to include the petitioner's name.

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2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader, who takes notice for the respondents 1 to 3. Since no adverse order is going to be passed against the respondents 4 and 5, notice to the respondents 4 and 5 is dispensed with.

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3 . With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

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4. It is the case of the petitioner that he is the son born through the first wife of one Karupaiah. 5^th respondent is the second wife of said Karupaiah. 4^th

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

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W.P.(MD)No.18798 of 2024

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respondent is the son of 5^th respondent. According to the petitioner, he is only the legal heir of the said Karupaiah. However, the 4^th and 5^th respondents, fraudulently obtained legal heir certificate, without impleading the name of the petitioner and mutated all the revenue records in their names. In this regard, the petitioner made a representation on 12.06.2024 before the respondents. Since no action was taken by the respondents, the petitioner has filed this Writ Petition.

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5. Considering the limited relief sought for in this Writ Petition, without going into the merits of the case, this Court directs the respondents 2 and 3 to consider the representation of the petitioner dated 12.06.2024, after hearing the respondents 4 and 5 and pass orders on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order.

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6. With the above direction, this Writ Petition is disposed of. There shall

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be no order as to costs.

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05.08.2024

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NCC : Yes/No Index : Yes/No vsm

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

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W.P.(MD)No.18798 of 2024

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N.SATHISH KUMAR, J.

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vsm

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1.The District Collector, Collectorate, Pudukkottai and District.

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2.The Revenue Divisional Officer, Illuppur Taluk, Pudukkottai District.

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3.The Tahsildar, Taluk Office, Viralimalai Taluk, Pudukkottai District.

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W.P.(MD)No.18798 of 2024

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05.08.2024

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

Mookan v. The District Collector

Case brief

What is this about?

What did the court decide?

Mookan v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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