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2022 DIGILAW 2934 (MAD)

C. Sivagnanam @ C. S. Gnanam v. District Collector, Chennai

2022-08-25

ABDUL QUDDHOSE

body2022
JUDGMENT (Prayer: Writ petition filed under Article 226 of the Constitution of India for writ of Certiorarified Mandamus calling for the records relating to the impugned order dated 04.09.2020 made in Na.Ka.No.E1/0744/2020 passed by the second respondent and quash the same and consequently direct the second respondent to consider the petitioners representation dated 15.02.2021 to issue the legal heir certificate to the petitioner within the time frame fixed by this Court.) This writ petition has been filed challenging the order dated 04.09.2020 passed by the second respondent rejecting the fifth petitioner's application seeking for issuance of legal heirship certificate for the deceased C.Vedalakshmi. 2. Heard Mr.V.R.Kamalanathan, learned counsel for the petitioners and Mr.K.H.Ravikumar, learned counsel for the respondents. 3. The petitioners are the siblings of the deceased C.Vedalakshmi who died intestate as a spinster. Their parents also predeceased them. According to the petitioners, the fifth petitioner has submitted an application for issuance of legal heirship certificate for the deceased C.Vedalakshmi in favour of the petitioners herein as class-II legal heirs. However, the second respondent has not considered the same and rejected the said application. Challenging the same, this writ petition has been filed by the petitioners. 4. Pursuant to the directions given by the Full Bench of this Court in W.P.No.35697 of 2019 batch, the State Government has submitted a draft notification for issuance of legal heirship certificate in the State. The said draft notification was also approved by the Full Bench of this Court in the aforementioned batch of writ petitions on 12.08.2022. The State Government has taken six weeks time before the Full Bench of this Court on 12.08.2022 for issuing the Government Order as approved by the Full Bench of this Court. 5. The learned Government Advocate appearing for the respondents would now submit that in terms of the undertaking given by the respondents before the Full Bench of this Court on 12.08.2022, the Government Order will be issued. The said statement is recorded. 6. In view of the fact that the Government Order will have to be issued by the Government with regard to the issuance of legal heirship certificate for class-II legal heirs, the impugned order will have to be necessarily quashed and the matter will have to be remanded back to the second respondent for fresh consideration on merits and in accordance with law. 7. 7. Accordingly, the impugned order is hereby quashed and the matter is remanded back to the second respondent for fresh consideration on merits and in accordance with law. However, the petitioners are directed to file a fresh online application seeking for issuance of legal heirship certificate, as per the requirements of the second respondent, within a period of one week from the date of receipt of a copy of this Order. On receipt of the same, the second respondent shall consider the application filed by the petitioners on merits and in accordance with law in the light of the proposed notification to be issued by way of Government Order pursuant to the directions given by the Full Bench of this Court in W.P. No.35697 of 2022 batch, after affording a fair hearing to the petitioners as well as other legal heirs, if any, for the deceased C.Vedalakshmi including granting them the right of personal hearing within a period of twelve weeks thereafter. 8. With the aforesaid directions, this writ petition is disposed of. No costs.