BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16/09/2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition(MD)No.11864 of 2010 A.Kathija Banu .. Petitioner Versus 1.The Tahsildar, Thirumangalam Taluk, Madurai District. 2.Rahil Banu .. Respondents Prayer Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling the entire records pertaining to M.M.No.21202/10/A1, dated 23.08.2010 from the file of the first respondent and quash the same and direct the first respondent to issue legal heir certificate that the petitioner is the legal heir of the deceased husband Abdul Latheef within a time frame fixed by this Hon'ble Court. !For petitioner ... M/s.N.Murugesan ^For respondent 1 ... Mr.R.Manoharan Government Advocate :ORDER
This writ petition has been filed challenging the order of the first
respondent, dated 23.08.2010, and to direct the first respondent to issue a
Legal Heir Certificate to the petitioner stating that she is the wife of the
deceased Abdul Latheef.
2. Mr.R.Manoharan, the learned Government Advocate takes notice for the
first respondent.
3. The learned counsel appearing on behalf of the petitioner had submitted
that the first respondent, by the impugned order, dated 23.08.2010, had directed
the petitioner to approach the Civil Court to obtain the relief sought for by
her, as the claim of the petitioner could only be decided based on oral, as well
as documentary evidence, as it involved complicated questions of fact and law.
4. In such circumstances, this Court does not find sufficient cause or
reason to grant the relief, as prayed for by the petitioner, in the present writ
petition. Hence, the writ petition stands dismissed. However, it is made clear
that it would be open to the petitioner to initiate legal proceedings before the
appropriate forum, if so advised, in the manner known to law. No costs.
srm
To
The Tahsildar,
Thirumangalam Taluk,
Madurai District.