IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI, J
M.Shanmugam – Appellant
Versus
The District Collector Coimbatore District – Respondent
Writ Petition | Article 226
| Table of Content |
|---|
| 1. judicial direction for enquiry regarding certificate. (Para 1 , 3) |
| 2. court mandates procedural compliance for fairness. (Para 2 , 5) |
| 3. writ petition resolved with a directive. (Para 4 , 6) |
ORDER
This Writ Petition has been filed seeking a direction to the respondent to complete the enquiry and submit a report as per the communication of the second respondent dated 17.03.2025 in Na.Ka. 2065/ 2025/ Aa1.
2. Heard the learned counsels appearing on either side. With the consent of both sides, the Writ Petition is taken up for hearing at the admission stage itself.
3. It is the case of the petitioner that the legal heirship certificate issued by the third respondent dated 23.11.2020 was obtained by fraudulent means and hence, he made several representations to the respondents to cancel the said certificate, for which the second respondent on 17.03.2025 directed the third respondent to conduct an enquiry and to file a report and in the meanwhile, the first respondent also directed the second respondent to take action upon the petitioner’s representation. However, there was no action and hence, the present Writ Petition.
4. The learned counsel for the petitioner submitted that there may be a direction to the third respondent to implement the order of the second respondent dated 17.03.2025 and to conduct an enquiry and file a report, within a reasonable time.
5. Considering the facts and circumstances of the case and also taking note of the submissions of the learned counsel for the petitioner, this Court directs the third respondent to conduct an enquiry on the petitioner’s representation in regard to cancellation of the legal heirship certificate dated 23.11.2020, after affording an opportunity of hearing to the petitioner as well as any other interested parties and file a report before the second respondent for further action. Such an exercise shall be completed by the third respondent within a period of four weeks from the date of receipt of a copy of this order.
6. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs.
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