BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28/11/2008 CORAM THE HONOURABLE MR.JUSTICE G.RAJASURIA W.P.(MD)No.9752 of 2008 and M.P.(MD)Nos. 1 and 2 of 2008 Subbammal ... Petitioner Vs. The Tahsildar, Nilakkottai Taluk, Dindigul District. ... Respondent Prayer Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the entire records relating to the impugned proceedings passed by the respondent herein in O.Mu.No.28832/07/A2 dated 14.11.2007 and quash the same and consequently direct the respondent herein to issue Legal Heirship Certificate to the petitioner. !For Petitioner ... Mr.A.Saravanan ^For Respondent ... Mr.R.Janakiramulu Spl. Government Pleader :ORDER
This writ petition has been filed to call for the entire records relating
to the impugned proceedings passed by the respondent dated 14.11.2007 in
O.Mu.No.28832/07/A2 and quash the same and consequently direct the respondent to
issue Legal Heirship Certificate to the petitioner.
2. Heard Mr.A.Saravanan, learned counsel for the petitioner and also
Mr.R.Janakiramulu, learned Special Government Pleader appearing for the
respondent.
3. The grievance of the petitioner as stood exposited from the affidavit
accompanying the writ petition as well as from the representation made by the
learned counsel for the petitioner, is to the effect that the petitioner
approached the Tahsildar for issuance of Legal Heirship certificate, consequent
upon the death of her husband viz., Mr.Subbaiah; the Tahsildar issued
communication dated 14.11.2007 to the effect that her request cannot be
countenanced for the reason that the death of her husband viz., Mr.Subbaiah
occurred as early as on 28.01.1997. Hence, this writ petition.
4. The learned counsel for the petitioner, would echo the cri de coeur of
the petitioner to the effect that only a sum of Rs.8,639/- (Rupees Eight
Thousand Six Hundred and Thirty Nine Only) is lying in M.C.O.P.No.101 of 1994
on the file of the learned Principal District and Sessions Court, Dindigul
representing the share of her deceased husband and she cannot driven to pillar
to post for the purpose of getting Succession Certificate etc., by spending huge
amount, which would not be feasible and she happens to be a septuagenerian.
5. Heard the learned Special Government Pleader.
6. Hence, in these circumstances, the following direction is issued:
The petitioner shall file necessary application before the District and
Sessions Court, Dindigul citing her witnesses also and thereupon, the learned
District and Sessions Judge, Dindigul taking into consideration the fact that
the amount to be disbursed is only a meagre sum of Rs.8,639/- (Rupees Eight
Thousand Six Hundred and Thirty Nine Only), he himself could arrive at a
conclusion as to whether the petitioner is the legal heir of the deceased, if
so, after satisfying himself about the Legal Heirship, can release the amount.
7. With the above said direction, this writ petition is disposed of. No
costs. Consequently, connected Miscellaneous Petitions are closed.
dp/smn
To
The Tahsildar,
Nilakkottai Taluk,
Dindigul District.