IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
Mansoor Rasiya Begam – Appellant
Versus
1.The District Collector, Madurai District, Madurai. – Respondent
Writ Petition
| Table of Content |
|---|
| 1. writ petition initiation. (Para 1) |
| 2. grounds for the petition. (Para 2 , 3) |
| 3. court's direction on considering appeal. (Para 4) |
| 4. conclusion with costs directive. (Para 5) |
O R D E R
The present Writ Petition has been filed seeking a mandamus directing the third respondent to cancel the legal heir certificate issued on 31.01.2014 by the fourth respondent.
2. According to the learned counsel appearing for the petitioner, her father-in-law passed away on 02.10.2013 leaving behind her husband, Late Jabbar Ali, and other legal heirs. While issuing the legal heir certificate for the death of her father-in-law, the name of the petitioner's husband was not included on the ground that he had already passed away.
3. Therefore, the petitioner submitted a representation to the first respondent seeking cancellation of the said legal heir certificate and the same was forwarded to the third respondent. Since no action has been taken on the said representation, the present Writ Petition has been filed.
4. Considering the above facts, the third respondent is directed to consider the representation submitted by the petitioner by treating the same as an appeal and, after issuing notice to all the interested parties, pass orders on merits and in accordance with law. Since the petitioner came to know about the issuance of the legal heir certificate belatedly, the appeal shall be entertained on merits without reference to the period of limitation. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.
5. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs.
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