Petitioner sought mandamus to restrain revenue authorities from conducting an enquiry into forged legal heir certificate allegations pending consideration of representations. Court held negative mandamus cannot stop statutory duty and disposed of petition.
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W.P.(MD) No.9115 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.12.2024
CORAM:
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
W.P.(MD) No.9115 of 2017 and W.M.P.(MD) No.6941 of 2017
V.P.Murugesan
.. Petitioner
Vs.
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W.P.(MD) No.9115 of 2017
Prayer:
Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct respondents 1 to 3 forbearing the 4th respondent form conducting enquiry with regard to the forged legal heir certificate of the 6th respondent by considering the petitioner's representations dated 17.04.2017 and 20.04.2017 within the period that may be stipulated by this Court.
For Petitioner : Ms.M.Soundarya for Mr.M.Natarajan For R1 to R4 : Mr.R.Suresh Kumar Additional Government Pleader
ORDER
The prayer in the writ petition is for a mandamus to direct respondents 1 to 3 to further direct the fourth respondent from conducting any enquiry into the allegations of the forged legal heir certificate of the sixth respondent by considering the petitioner's representations dated 17.04.2017 and 20.04.2017.
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W.P.(MD) No.9115 of 2017
a negative mandamus cannot restrain the authority from functioning its statutory duty. It is the case of the petitioner that the respondents have initiated an enquiry for issuance of legal heir certificate based upon the application of the sixth respondent.
06.12.2024
NCC : Yes/No Index : Yes/No Internet : Yes
abr
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W.P.(MD) No.9115 of 2017
K.KUMARESH BABU, J.
abr
To
W.P.(MD) No.9115 of 2017
Dated: 06.12.2024
_________Page 4 of 4
1 issue framed by the court
Whether a negative mandamus can restrain a revenue authority from conducting an enquiry to issue a legal heir certificate based on an application.
1 provisions across 1 enactments
V.P. Murugesan
The District Collector, Karur District, Karur
The District Revenue Officer, Karur District, Karur
The Revenue Divisional Officer, Karur District, Karur
The Tahsildar, Karur Taluk, Karur District
Sathivel
K.Kumareesh Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
