Disposed

Chandra. M v. The Tahsildar

Madras HC16 Oct 2024WP(MD)/973/2023

Case brief

AI extract

What is this about?

This judgment dismisses a writ petition under Article 226 challenging the non-issuance of a legal heir certificate. The Madurai Bench of the Madras High Court directed the Tahsildar to conduct an enquiry, give opportunities to all parties, and decide on merits rather than deciding the case on merits immediately.

What did the court decide?

The respondent directed to consider the application and pass order on merits within one month.

Chandra. M Vs The Tahsildar — Pension and Retirement Benefits | Madras HC (2024)

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W.P.(MD)No.973 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 16.10.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

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W.P.(MD)No.973 of 2023

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M.Chandra . .. Petitioner Vs.

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1.The Tahsildar, Taluk Office, Periyakulam Taluk, Theni District.

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2.M.Paramaraj 3.M.Azhagarsamy 4.M.Nagaraj 5.M.Govindaraj ... 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 Mandamus, to direct the first respondent herein to conduct enquiry with the petitioner and respondents 2 to 5 herein, calling upon the respondents 2 to 5 herein to produce the death certificate of their parents A.Munusamy and Naguthai and consequently issue the legal heir certificate to the petitioner and respondents 2 to 5 herein by including the name of the petitioner along with the respondents 2 to 5 herein as the legal heirs of their parents in accordance with law and guidelines framed in G.O(Ms)No.478 dated 29.09.2022.

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https://www.mhc.tn.gov.in/judis Page No.1/4

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W.P.(MD)No.973 of 2023

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For Petitioner : Mr.K.Appadurai For Respondents : Mr.A.Kannan (For R1) Additional Government Pleader R2 to R5 -not found

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ORDER

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This writ petition has been filed seeking for a writ of mandamus

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directing the first respondent herein to conduct enquiry with the petitioner and respondents 2 to 5 herein, calling upon the respondents 2 to 5 herein to produce the death certificate of their parents A.Munusamy and Naguthai and consequently, issue the legal heir certificate to the petitioner and respondents 2 to 5 herein by including the name of the petitioner along with the respondents 2 to 5 herein as the legal heirs of their parents in accordance with law and guidelines framed in G.O(Ms)No.478 dated 29.09.2022.

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The learned Additional Government Pleader, on instructions,

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would submit that the petitioner applied for legal heirship certificate through online and the same will be considered and after conducting enquiry, order will be passed.

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https://www.mhc.tn.gov.in/judis Page No.2/4

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W.P.(MD)No.973 of 2023

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In view of the above, this Court, without going into the merits

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of the case, directs the first respondent to consider the application of the petitioner and pass order, after giving opportunity to the petitioner as well as the respondents 2 to 5, on its own merits and in accordance with law, within a period of one month from the date of receipt of a copy of this order.

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With the above direction, this Writ Petition is disposed of. No

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costs.

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16.10.2024

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Index : Yes / No NCC : Yes / No Rmk

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To The Tahsildar, Taluk Office, Periyakulam Taluk, Theni District.

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https://www.mhc.tn.gov.in/judis Page No.3/4

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W.P.(MD)No.973 of 2023

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N.SATHISH KUMAR, J.

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Rmk

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W.P.(MD)No.973 of 2023

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16.10.2024

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https://www.mhc.tn.gov.in/judis Page No.4/4

Chandra. M v. The Tahsildar

Case brief

What is this about?

What did the court decide?

Chandra. M v. The Tahsildar

Case brief

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