LAWS(MAD)-2016-4-188

S.NEELAVATHI Vs. THE DISTRICT COLLECTOR

Decided On April 26, 2016
S.NEELAVATHI Appellant
V/S
THE DISTRICT COLLECTOR Respondents

JUDGEMENT

(1.) This writ petition has been filed by the petitioner, praying for issuance of a Writ of Mandamus, to direct the respondents to consider the representation of the petitioner dated 26.12.2015 for issuing Legal Heir Certificate in her favour, to avail legal benefits, within a stipulated period of time.

(2.) In the affidavit filed in support of the writ petition, it has been averred by the petitioner that the petitioner is the legally wife of one Sivanantham. The petitioner and her husband Sivanantham jointly lived at No.35 (Old No.30), Sivalingapuram, Korattur, Ambattur, Chennai and they have four female children and one son. The petitioner's husband Sivanantham died on 05.07.2000. As the petitioner is an illiterate, she had no knowledge about the necessity of obtaining legal heir certificate. The property and electricity service connection stand in the name of the deceased husband of the petitioner. Later, the petitioner has made a representation dated 26.12.2015 to the 1st respondent, seeking legal heir certificate in her favour, for the purpose of transferring the property and electricity service connection in her name and also for other legal benefits. But, the petitioner's representation was not considered by the respondents on the sole ground of delay of 15 years from the date of death of the petitioner's husband, in applying for legal heir certificate. Hence, the petitioner has come forward with the present writ petition before this Court.

(3.) Heard both sides and perused the materials available on record.