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2020 DIGILAW 2023 (MAD)

Meyyappan v. Tahsildar, Sivagangai District

2020-10-29

ABDUL QUDDHOSE

body2020
JUDGMENT : ABDUL QUDDHOSE, J. Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to issue a legal heir certificate of the petitioner's deceased father CT. SM. CT. Meenakshi Sundaram Chettiar to the petitioner based on his application dated 13.09.2019 within a time frame to be fixed by this Court. 1. Mr. C. Ramesh, learned Special Government Pleader accepts notice for the respondent. By consent of both sides, this writ petition is taken up for final disposal at the stage of admission itself. 2. This writ petition has been filed for a Mandamus seeking for a direction to the respondent to issue the Legal Heir Certificate for the father of the petitioner, CT. SM. CT. Meenakshi Sundaram Chettiar, who died on 18.01.2019. 3. It is the case of the petitioner that, he along with his brother M. Chidambaram and sister Meenakshi are the legal heirs of their deceased father CT. SM. CT. Meenakshi Sundaram Chettiar, who died on 18.01.2019. According to the petitioner, he applied for the Legal Heir Certificate for his deceased father on 13.09.2019. But according to the petitioner, till date, the respondent has not considered the application submitted by the petitioner for issuance of Legal Heir Certificate for his father CT. SM. CT. Meenakshi Sundaram Chettiar. In such circumstances, this writ petition has been filed. 4. The relief sought for in this writ petition is an innocuous relief. No prejudice would be caused, if the application of the petitioner is considered by the respondent on merits and in accordance with law. Therefore, this Court directs the respondent to consider the petitioner's application, dated 13.09.2019 seeking for issuance of Legal Heir Certificate for his deceased father CT. SM. CT. Meenakshi Sundaram Chettiar, who died on 18.01.2019 and pass final orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order after hearing all the necessary parties and after holding proper enquiry. 5. With the aforesaid directions, this writ petition stands disposed of. However, there shall be no order as to costs.